People v. Stokes

2025 NY Slip Op 06470

Opinion

People v Stokes (2025 NY Slip Op 06470)

People v Stokes

2025 NY Slip Op 06470

Decided on November 21, 2025

Appellate Division, Fourth 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 November 21, 2025 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
PRESENT: LINDLEY, J.P., CURRAN, BANNISTER, OGDEN, AND DELCONTE, JJ.

826 KA 22-01831

[*1]THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

SHANE T. STOKES, SR., DEFENDANT-APPELLANT.

BANASIAK LAW OFFICE, PLLC, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Cayuga County Court (Thomas G. Leone, J.), rendered October 13, 2022. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]). Defendant contends that his guilty plea was involuntary because it was coerced by statements made by County Court. Defendant failed to move to withdraw his guilty plea or vacate the judgment of conviction. Thus, he failed to preserve that contention for our review (see People v Bellamy, 170 AD3d 1652, 1653 [4th Dept 2019]; People v Kelly, 145 AD3d 1431, 1431 [4th Dept 2016], lv denied 29 NY3d 949 [2017]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Entered: November 21, 2025

Ann Dillon Flynn

Clerk of the Court