PEOPLE v. TAYLOR (2023)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Montgomery County (Tatiana N. Coffinger, J.), rendered October 18, 2021, convicting defendant upon his plea of guilty of the crimes of criminal contempt in the first degree, aggravated family offense and assault in the third degree.

Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with criminal contempt in the first degree, aggravated family offense and assault in the third degree.  Pursuant to a plea agreement, which included that defendant waive his right to appeal, defendant pleaded guilty as charged with the understanding that he would be sentenced to an aggregate prison term of 11/212 to 3 years.  County Court imposed the agreed-upon sentence and defendant appeals.

We affirm.  Defendant's sole contention on appeal is that his plea was not knowing, intelligent and voluntary because County Court did not inquire if he had any defenses to the charges prior to accepting his plea.  Although his contention survives his unchallenged appeal waiver, it is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v. Steinard, 210 A.D.3d 1202, 1202–1203, 178 N.Y.S.3d 262 [3d Dept. 2022];  People v. Parkinson, 199 A.D.3d 1243, 1243, 157 N.Y.S.3d 198 [3d Dept. 2021], lv denied 37 N.Y.3d 1163, 160 N.Y.S.3d 708, 181 N.E.3d 1136 [2022]) and the narrow exception to the preservation requirement was not triggered (see People v. Stuber, 205 A.D.3d 1147, 1148, 167 N.Y.S.3d 644 [3d Dept. 2022], lv denied 38 N.Y.3d 1136, 172 N.Y.S.3d 846, 193 N.E.3d 511 [2022];  People v. Elawar, 204 A.D.3d 1247, 1248–1249, 165 N.Y.S.3d 385 [3d Dept. 2022], lv denied 38 N.Y.3d 1133, 172 N.Y.S.3d 842, 193 N.E.3d 507 [2022]).

ORDERED that the judgment is affirmed.

Ceresia, J.

Garry, P.J., Pritzker, Reynolds Fitzgerald and Mackey, JJ., concur.