The People, etc., respondent, v. Dushane Fraser, appellant. (2022)

Submitted—October 26, 2022

DECISION & ORDER

(S.C.I. No. 9627/15)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Matthew Sciarrino, Jr., J.), rendered January 22, 2016, convicting him of robbery in the third 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, as he did not move to withdraw his plea or otherwise raise the issue before the Supreme Court (see People v. Pray, 183 AD3d 842).  Moreover, as the People correctly contend, the narrow exception to the preservation rule does not apply here, as nothing in the plea allocution cast doubt upon the defendant's guilt, negated an essential element of the crime, or called into question the voluntariness of the plea (see People v. Cuenca, 208 AD3d 1363).  In any event, the record establishes that the defendant's plea of guilty was knowing, voluntary, and intelligent (see People v. Braunskill, 206 AD3d 821, 822).

The defendant's contention that trial counsel rendered ineffective assistance by failing to seek deferral of the mandatory surcharge lacks merit (see People v. Jones, 26 NY3d 730, 736;  see also CPL 420.40[5];  Penal Law § 60.35[5];  Strickland v. Washington, 466 U.S. 668, 688;  People v. Baldi, 54 N.Y.2d 137, 147).

The defendant's remaining contention lacks merit.

DILLON, J.P., CHRISTOPHER, FORD and TAYLOR, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court