X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Amanda FiggsGanter, Albany, for appellant. J. Anthony Jordan, District Attorney, Fort Edward (Taylor Fitzsimmons of counsel), for respondent. Appeal from a judgment of the County Court of Washington County (Kelly S. McKeighan, J.), rendered April 23, 2021, convicting defendant upon his plea of guilty of the crimes of aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated. Defendant pleaded guilty to aggravated unlicensed operation of a motor vehicle in the first degree and driving while intoxicated, and he waived his right to appeal. County Court thereafter sentenced him to four years of probation in addition to, among other things, fines, fees, surcharges and license revocation. Defendant appeals. We affirm. Defendant’s sole argument is that his plea was not knowing, intelligent and voluntary because, when asked by County Court during the plea colloquy whether he operated a vehicle while intoxicated in violation of Vehicle and Traffic Law § 1192 (3), defendant responded, “Yes, I guess.” Although this contention survives his unchallenged appeal waiver, it is unpreserved for our review as the record does not reflect that defendant made an appropriate postallocution motion (see CPL 220.60 [3]; People v. Ryals, 224 AD3d 938, 938 [3d Dept 2024]; People v. Lamondie, 220 AD3d 991, 992 [3d Dept 2023]). We are not persuaded that the narrow exception to the preservation rule applies (see generally People v. Tyrell, 22 NY3d 359, 364 [2013]; People v. Lopez, 71 NY2d 662, 666 [1988]). Defendant immediately corrected himself and unequivocally stated, “Yes,” before the court could address his equivocal “I guess” response moments before. Further, defendant unequivocally admitted, in connection with another count, that he operated a motor vehicle on a public highway while intoxicated on the same date. In light of the foregoing, “we cannot say that the court should have made a further inquiry to ensure that the plea was being made knowingly and voluntarily” (People v. Allevato, 170 AD3d 1264, 1266 [3d Dept 2019], lv denied 34 NY3d 949 [2019]). Finally, we decline to take corrective action in the interest of justice (see CPL 470.15 [3] [c]). Reynolds Fitzgerald, Ceresia, McShan and Mackey, JJ., concur. ORDERED that the judgment is affirmed.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.


Learn More
March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.


Learn More

The County is looking for a skilled and seasoned County Attorney to oversee the Law Department in delivering top-tier legal services, repres...


Apply Now ›

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...


Apply Now ›

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...


Apply Now ›