PEOPLE v. SHARP (2008)

Defendant appeals from a judgment convicting him upon his plea of guilty of two counts of grand larceny in the third degree (Penal Law § 155.35).   Defendant failed to preserve for our review his contention that the plea was not knowingly, voluntarily or intelligently entered (see People v. Smith, 48 A.D.3d 1171, 850 N.Y.S.2d 774, lv. denied 10 N.Y.3d 964, 863 N.Y.S.2d 148, 893 N.E.2d 454), and this case does not fall within the narrow exception to the preservation requirement (see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5).   Defendant also failed to preserve for our review his contention that Supreme Court did not afford him an opportunity to make a statement on his own behalf before the court sentenced him, as required by CPL 380.50(1) (see People v. Green, 54 N.Y.2d 878, 880, 444 N.Y.S.2d 908, 429 N.E.2d 415;  People v. Ferguson [appeal No. 1], 299 A.D.2d 806, 750 N.Y.S.2d 547, lv. denied 99 N.Y.2d 614, 757 N.Y.S.2d 824, 787 N.E.2d 1170), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ).   Finally, the sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed, and the matter is remitted to Supreme Court, Erie County, for proceedings pursuant to CPL 460.50(5).

MEMORANDUM: