People v. Powell

134 A.D.3d 637, 21 N.Y.S.3d 615

Opinion

Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 16, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a term of one year, unanimously affirmed.

Defendant’s claim that his guilty plea was invalid because the court gave an incomplete explanation of defendant’s rights under Boykin v Alabama (395 US 238 [1969]) is a claim requiring preservation (see People v Jackson, 123 AD3d 634 [1st Dept 2014], lv denied 25 NY3d 1202 [2015]), and we decline to review this unpreserved claim in the interest of justice. Unlike the situation in People v Tyrell (22 NY3d 359, 364 [2013]), defendant had the opportunity to move to withdraw his plea or otherwise raise the issue, and the deficiency did not rise to the level of a mode of proceedings error. As an alternative holding, we find that the record as a whole establishes the voluntariness of the plea (see Tyrell, 22 NY3d at 365; see also People v Harris, 61 NY2d 9, 16-19 [1983]). Concur — Friedman, J.P., Acosta, Andrias and Richter, JJ.