People v. Phinazee

Appellate Division of the Supreme Court of New York

People v. Phinazee

2017 NY Slip Op 248, 146 A.D.3d 531, 43 N.Y.S.3d 904

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 2017

Docket2735 5573/13

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 248 (People v. Phinazee) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Phinazee, 2017 NY Slip Op 248, 146 A.D.3d 531, 43 N.Y.S.3d 904 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered December 11, 2014, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

Defendant’s challenges to his plea do not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 NY3d 375, 382 [2015]). Even if defendant may be deemed to have moved to withdraw his plea, he did not make *532 any of the claims he makes on appeal, despite his opportunity to do so. We decline to review defendant’s unpreserved 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. The circumstances of the plea were not coercive (see People v Fiumefreddo, 82 NY2d 536, 544 [1993]), defendant’s factual allocution did not cast doubt on his guilt, and the court’s omission of one of defendant’s rights under Boykin v Alabama (395 US 238 [1969]) did not invalidate the plea (see People v Sougou, 26 NY3d 1052 [2015]). Concur

Sweeny, J.P., Renwick, Mazzarelli, Manzanet-Daniels and Feinman, JJ.

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Judgment, Supreme Court, New York County (Michael J. Obús, J.), rendered December 11, 2014, convicting defendant, upon his plea of guilty, of robbery in the first degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.

Defendant’s challenges to his plea do not come within the narrow exception to the preservation requirement (see People v Conceicao, 26 NY3d 375, 382 [2015]). Even if defendant may be deemed to have moved to withdraw his plea, he did not make *532 any of the claims he makes on appeal, despite his opportunity to do so. We decline to review defendant’s unpreserved 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. The circumstances of the plea were not coercive (see People v Fiumefreddo, 82 NY2d 536, 544 [1993]), defendant’s factual allocution did not cast doubt on his guilt, and the court’s omission of one of defendant’s rights under Boykin v Alabama (395 US 238 [1969]) did not invalidate the plea (see People v Sougou, 26 NY3d 1052 [2015]). Concur

Sweeny, J.P., Renwick, Mazzarelli, Manzanet-Daniels and Feinman, JJ.

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Bluebook (online)

2017 NY Slip Op 248, 146 A.D.3d 531, 43 N.Y.S.3d 904, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-phinazee-nyappdiv-2017.

Opinion

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