The People, etc., respondent, v. Messiah Faircloth, appellant. (2026)

Submitted—May 6, 2026

DECISION & ORDER

M/

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered June 15, 2022, convicting him of attempted assault in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since the defendant did not move to withdraw his plea or otherwise raise the issue in the County Court (see People v. Lopez, 71 N.Y.2d 662, 665;  People v. Escobargarcia, 237 AD3d 1221, 1222).  Moreover, the exception to the preservation requirement does not apply here because the defendant's allocution did not cast significant doubt on his guilt as to the crime to which he pleaded, negate an essential element of the crime, or call into question the voluntariness of his plea (see People v. Bermudez–Cedillos, 228 AD3d 681, 682).  In any event, the record demonstrates that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v. Ramsay, 248 AD3d 1141;  People v. Escobargarcia, 237 AD3d at 1222).

CHAMBERS, J.P., CHRISTOPHER, LANDICINO and HOM, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court