[*1]
People v Moore (Kenneth)
2012 NY Slip Op 50275(U) [34 Misc 3d 151(A)]
Decided on February 22, 2012
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law ยง 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 22, 2012
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT: Hunter, Jr., J.P., Shulman, Torres, JJ
571006/10.

The People of the State of New York, Respondent,

against

Kenneth Moore, Defendant-Appellant,


Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Roger S. Hayes, J.), rendered October 9, 2010, convicting him, upon his plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.


Per Curiam.

Judgment of conviction (Roger S. Hayes, J.), rendered October 9, 2010, affirmed.

Since defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662, 665 [1988]), his challenges to the validity of the plea are unpreserved for appellate review, and we decline to review them in the interest of justice (see People v Rodriguez, 83 AD3d 449 [2011]). As an alternative holding, we also reject them on the merits. A plea of guilty will be sustained in the absence of a full factual allocution where, as here, there is no indication that the guilty plea assented to by defendant in the presence of counsel was improvident or baseless (see People v Winbush, 199 AD2d 447, 448 [1993]; see also People v Goldstein, 12 NY3d 295, 300-301 [2009]).

THIS CONSTITUTED THE DECISION AND ORDER OF THE COURT.
Decision Date: February 22, 2012