| People v Pena (Edmond) |
| 2006 NY Slip Op 50644(U) [11 Misc 3d 140(A)] |
| Decided on April 18, 2006 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal Court, New York County (Anthony Ferrara, J.), rendered February 18, 2004, convicting him, upon a plea of guilty, of attempted criminal possession of a controlled substance in the seventh degree, and imposing sentence.
PER CURIAM:
Judgment of conviction (Anthony Ferrara, J.), rendered February 18, 2004, affirmed.
The factual portion of the misdemeanor information charging attempted possession of a controlled substance in the seventh degree alleged that defendant approached an undercover officer on a Manhattan street, described as a "high-volume" drug trafficking area, and said "give me a dime," which the officer, based upon his professional training and experience in narcotics-related arrests, understood to mean a $10 bag of crack cocaine. Defendant handed the officer a $10 bill. These allegations, "given a fair and not overly restrictive or technical reading" (People v Casey, 95 NY2d 354, 360 [2000]), were sufficient for pleading purposes to establish reasonable cause to believe and a prima facie case that defendant was guilty of the misdemeanor attempted drug possession charge herein involved.
Defendant's challenge to the adequacy of his plea allocution is not preserved for appellate review since he failed to move to withdraw his plea or vacate the judgment of conviction (People v Lopez, 71 NY2d 662, 665 [1998]), and we decline to review it in the interest of justice. Were we to review this claim, we would find that defendant knowingly, voluntarily and intelligently pleaded guilty (People v Fiumfreddo, 82 NY2d 536 [1993]).
This constitutes the decision and order of the court.
Decision Date: April 18, 2006