People v. Banach

2018 NY Slip Op 1134

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: February 15, 2018
• Docket: 5725 5314/12
• Status: Published

Opinion

People v Banach (2018 NY Slip Op 01134)

People v Banach

2018 NY Slip Op 01134

Decided on February 15, 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 February 15, 2018
Friedman, J.P., Tom, Mazzarelli, Singh, JJ.

5725 5314/12

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

v

Sara Banach, 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 (Alan Gadlin of counsel), for respondent.

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered February 1, 2013, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the third degree, and sentencing her to five years' probation, unanimously affirmed.

Defendant's challenges to her plea are unpreserved, and they do not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 NY3d 375, 382 [2015]). We decline to review these claims in the interest of justice. As an alternative holding, we find that the record as a whole establishes that the plea was knowingly, intelligently and voluntarily made, notwithstanding any deficiencies in the plea

colloquy (id. at 382-384; People v Tyrell, 22 NY3d 359, 365 [2013]; People v Harris, 61 NY2d 9, 16-19 [1983]).

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 15, 2018

CLERK