PEOPLE v. BROWN (2009)

Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered May 29, 2008, convicting defendant upon his plea of guilty of the crime of criminal contempt in the first degree.

Defendant pleaded guilty to the crime of criminal contempt in the first degree.   Pursuant to the plea agreement, defendant was sentenced to five years of probation and 25 days of community service.   Defendant now appeals.

 We affirm.   Defendant's contention that his plea was not voluntarily or knowingly entered is unpreserved for our review due to his failure to move to withdraw his plea or vacate his judgment of conviction (see People v. Cintron, 62 A.D.3d 1157, 1158, 881 N.Y.S.2d 183 [2009], lv. denied 13 N.Y.3d 742, 886 N.Y.S.2d 96, 914 N.E.2d 1014 [2009];  People v. Thompkins, 58 A.D.3d 1068, 1068, 871 N.Y.S.2d 788 [2009], lv. denied 12 N.Y.3d 822, 881 N.Y.S.2d 29, 908 N.E.2d 937 [2009] ).   Further, the narrow exception to the preservation rule is inapplicable here as defendant did not make any statements during the allocution that negated an essential element of the crime or cast doubt upon his guilt (see People v. Grant, 60 A.D.3d 1202, 1202-1203, 875 N.Y.S.2d 347 [2009] ).   In any event, to the extent that defendant contends that he was not informed of the potential ramifications of pleading guilty to a felony, any failure to inform him that the plea may subject him to an enhanced sentence in the future does not impact the validity of the plea (see People v. Folk, 43 A.D.3d 1229, 1230, 842 N.Y.S.2d 108 [2007], lv. denied 9 N.Y.3d 1033, 852 N.Y.S.2d 18, 881 N.E.2d 1205 [2008];  People v. August, 33 A.D.3d 1046, 1050, 822 N.Y.S.2d 334 [2006], lv. denied 8 N.Y.3d 878, 832 N.Y.S.2d 490, 864 N.E.2d 620 [2007] ).

 Defendant also contends that he received ineffective assistance of counsel based upon counsel's alleged failure to explore alternatives to the plea offer and for providing defendant with incorrect information regarding the maximum sentence defendant would be exposed to at trial.   These claims are also not preserved for review, and, as they concern matters outside the record, are more properly the subject of a CPL article 440 motion (see People v. Anthony, 52 A.D.3d 864, 866, 859 N.Y.S.2d 269 [2008], lv. denied 11 N.Y.3d 733, 864 N.Y.S.2d 392, 894 N.E.2d 656 [2008];  People v. McKeney, 45 A.D.3d 974, 975, 844 N.Y.S.2d 516 [2007] ).   Finally, with regard to defendant's claim that his sentence was harsh and excessive, we do not find that County Court abused its discretion or that extraordinary circumstances exist that warrant a reduction of the sentence in the interest of justice (see People v. Perkins, 62 A.D.3d 1160, 1162, 880 N.Y.S.2d 209 [2009], lv. denied 13 N.Y.3d 748, 886 N.Y.S.2d 102, 914 N.E.2d 1020 [2009];  People v. Qasem, 39 A.D.3d 960, 961, 835 N.Y.S.2d 465 [2007], lv. denied 10 N.Y.3d 770, 854 N.Y.S.2d 332, 883 N.E.2d 1267 [2008] ).

ORDERED that the judgment is affirmed.

KANE, J.

PETERS, J.P., ROSE, KAVANAGH and McCARTHY, JJ., concur.