PEOPLE v. GUERRERO (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Christopher E. Hoefenkrieg, J.), rendered January 6, 2023, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant contends that his plea of guilty was not knowing, voluntary, and intelligent.  However, this contention is unpreserved for appellate review, since the defendant did not move to vacate his plea or otherwise raise this issue before the County Court (see CPL 470.05[2];  People v. Marinos, 209 A.D.3d 875, 875, 176 N.Y.S.3d 316;  People v. Ramos, 164 A.D.3d 922, 922, 82 N.Y.S.3d 103).  Moreover, “the ‘rare case’ exception to the preservation requirement does not apply here because the defendant's allocution did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question the voluntariness of his plea” (People v. Ramos, 164 A.D.3d at 922–923, 82 N.Y.S.3d 103, quoting People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5).  In any event, the record establishes that the defendant's plea of guilty was made knowingly, voluntarily, and intelligently (see People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646;  People v. Chung, 231 A.D.3d 744, 745, 217 N.Y.S.3d 674).

DILLON, J.P., FORD, LANDICINO and GOLIA, JJ., concur.