People v Hart
2012 NY Slip Op 00641 [91 AD3d 574]
January 31, 2012
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 29, 2012


The People of the State of New York, Respondent,
v
Russell Hart, Appellant.

[*1] Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Megan R. Roberts of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Eugene Oliver, J., at plea; Efrain Alvarado, J., at sentencing), rendered September 10, 2010, convicting defendant of assault in the second degree, and sentencing him to a term of three years, unanimously affirmed.

Defendant, who did not move to withdraw his guilty plea, did not preserve his challenge to his plea allocution, and we decline to review it in the interest of justice. The narrow exception to the preservation rule explained in People v Lopez (71 NY2d 662, 665-666 [1988]) does not apply because the allocution did not cast doubt on defendant's guilt. As an alternative holding, we find that defendant's plea was knowing, intelligent and voluntary (see People v Goldstein, 12 NY3d 295, 300-301 [2009]). Concur—Tom, J.P., Sweeny, DeGrasse, Abdus-Salaam and Manzanet-Daniels, JJ.