147 A.D.3d 1155
N.Y. App. Div.
2017

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v EDWARD A. MILLARD, Appellant.

Appellate Division of the Supreme Court of New York, Third Department

January 5, 2017

46 NYS3d 441

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.