| People v Carter |
| 2018 NY Slip Op 01095 [158 AD3d 946] |
| February 15, 2018 |
| Appellate Division, Third Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Kevin C. Carter, Appellant. |
Norbert A. Higgins, Binghamton, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
Devine, J. Appeal from a judgment of the County Court of Broome County (Cawley, Jr., J.), rendered June 17, 2015, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to attempted criminal
possession of a controlled substance in the third degree. Defendant was sentenced to a prison
term of 2
Defendant's sole contention on appeal, that his plea was not knowing, voluntary and intelligent, is unpreserved given that he failed to make an appropriate postallocution motion (see People v Peque, 22 NY3d 168, 182 [2013]; People v White, 139 AD3d 1260, 1260 [2016]). The narrow exception to the preservation requirement is inapplicable here (see People v Conley, 135 AD3d 1238, 1239 [2016]) and, contrary to defendant's contention, corrective action in the interest of justice is not warranted.
Egan Jr., J.P., Mulvey, Aarons and Rumsey, JJ., concur. Ordered that the judgment is affirmed.