People v. Hampton , 2018 NY Slip Op 6992 ( 2018 )

People v Hampton (2018 NY Slip Op 06992)

People v Hampton

2018 NY Slip Op 06992

Decided on October 18, 2018

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 18, 2018
Richter, J.P., Manzanet-Daniels, Kapnick, Kern, Moulton, JJ.

7398 4648/10

[*1]The People of the State of New York, Respondent,

v

Douglas Hampton, Defendant-Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Michael J. Yetter of counsel), for respondent.

Judgment, Supreme Court, New York County (Eduardo Padró, J.), rendered April 24, 2013, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant's challenge to the voluntariness of his plea does not come within the narrow exception to the preservation requirement set forth in People v Lopez (71 NY2d 662, 665-666 [1988]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we reject it on the merits. In the thorough plea allocution, defendant clearly admitted his participation in a drug sale, and said nothing that would raise an agency defense (see generally People v Lam Lek

Chong , 45 NY2d 64, 74-75 [1978], cert denied 439 U.S. 935 [1978]) or warrant any further inquiry.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 18, 2018

CLERK