The People of the State of New York, Respondent, v Edward A. Millard, Appellant.
Appellate Division, Third Department, New York
February 9, 2017
2017 NY Slip Op 01030 [147 AD3d 1155]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, March 29, 2017
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen Ferri of counsel), for respondent.
Peters, P.J. Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered January 10, 2012, convicting defendant upon his plea of guilty of the crime of criminal sexual act in the second degree.
Defendant waived indictment and pleaded guilty to a superior court information charging him with criminal sexual act in the second degree. He was sentenced in accordance with the plea agreement to six months in jail and 10 years of probation. Defendant appeals.
We affirm. Defendant‘s sole contention on appeal is that his plea was not knowing, voluntary and intelligent because County Court did not inquire whether he was under the influence of drugs or alcohol during the plea colloquy. The record does not reflect that defendant made any postallocution motion so as to preserve the issue for our review and, given that defendant made no statements during the plea colloquy that were inconsistent with his guilt or the voluntariness of his plea, the narrow exception to the preservation requirement is inapplicable (see People v DeAngelo, 136 AD3d 1119, 1120 [2016]; People v Buie, 128 AD3d 1281, 1281 [2015]). In any event, nothing in the record suggests that defendant was under the influence of drugs or alcohol during the plea colloquy (see People v Buie, 128 AD3d at 1281).
Egan Jr., Rose, Devine and Aarons, JJ., concur. Ordered that the judgment is affirmed.