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PEOPLE v. GRANT

Ind. No. 2430/17. Appeal No. 15468. Case No. 2019-4459.

203 A.D.3d 477 (2022)

160 N.Y.S.3d 862

2022 NY Slip Op 01427

The People of the State of New York, Respondent, v. Brian Grant, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 8, 2022.

Attorney(s) appearing for the Case

Janet E. Sabel, The Legal Aid Society, New York (Laura Boyd of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Dana Poole of counsel), for respondent.

Concur—Acosta, P.J., Renwick, Webber, Kern, Friedman, JJ.

Defendant's challenge to the voluntariness of his plea is unpreserved, and we decline to review it in the interest of justice. The narrow exception to the preservation rule (see People v Lopez, 71 N.Y.2d 662, 665 [1988]) does not apply, because "[d]efendant said nothing during the plea colloquy or the sentencing proceeding that negated an element of the crime or raised the possibility of a ... defense" (People v Pastor,

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