Opinion
2017–03795 S.C.I. No. 302/17
12-05-2018
The PEOPLE, etc., Respondent, v. Saad SIDIQUE, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenge to the validity of his plea of guilty, as he did not move to withdraw the plea, or otherwise raise the issue before the County Court (see People v. Ellis , 142 A.D.3d 509, 510, 35 N.Y.S.3d 920 ; People v. Gomez , 114 A.D.3d 701, 701, 979 N.Y.S.2d 828 ). Moreover, contrary to the defendant's contention, the narrow exception to the preservation rule is inapplicable here, as nothing in the plea allocution cast doubt upon the defendant's guilt, negated an essential element of the crime, or called into question the voluntariness of the plea (see People v. Lopez , 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Ellis , 142 A.D.3d at 510, 35 N.Y.S.3d 920 ; People v. Gomez , 114 A.D.3d at 701–702, 979 N.Y.S.2d 828 ). In any event, the defendant knowingly and voluntarily allocuted to the facts constituting the offense, while under oath at the plea proceeding, and the plea was knowingly, voluntarily, and intelligently made (see People v. Ellis , 142 A.D.3d at 510, 35 N.Y.S.3d 920 ; People v. Gomez , 114 A.D.3d at 702, 979 N.Y.S.2d 828 ). Contrary to the defendant's contention, certain postplea statements attributed to the defendant in the presentence report did not obligate the sentencing court to conduct a sua sponte inquiry into the validity of the defendant's plea of guilty (see People v. Ellis , 142 A.D.3d at 510, 35 N.Y.S.3d 920 ; People v. Appling , 94 A.D.3d 1135, 1136, 942 N.Y.S.2d 617 ; People v. Kelly , 50 A.D.3d 921, 921, 854 N.Y.S.2d 674 ).
SCHEINKMAN, P.J., MASTRO, BARROS and CONNOLLY, JJ., concur.