PEOPLE v. WILSON (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Jessica Z. Segal, J.), rendered September 5, 2024, convicting him of criminal possession of a weapon in the second 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 knowingly, voluntarily, and intelligently entered is unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise that issue before the County Court prior to the imposition of sentence (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5;  People v. Anderson, 223 A.D.3d 912, 912, 202 N.Y.S.3d 458).  Moreover, the 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 (see generally People v. McNair, 13 N.Y.3d 821, 822–823, 892 N.Y.S.2d 822, 920 N.E.2d 929;  People v. Steele, 197 A.D.3d 512, 513, 148 N.Y.S.3d 722).  Furthermore, the defendant's contention is based upon alleged off-the-record discussions, which may not be considered on direct appeal (see People v. Blanco, 18 A.D.3d 475, 793 N.Y.S.2d 776;  People v. France, 241 A.D.2d 525, 663 N.Y.S.2d 989).

IANNACCI, J.P., DOWLING, WAN and LOVE, JJ., concur.