Opinion
10-06-2016
The PEOPLE of the State of New York, Respondent, v. Michael GILLEGBOWER, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered February 28, 2013, convicting defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree, and sentencing him to a term of nine months, unanimously affirmed.
Defendant's challenges to his plea do not come within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review these 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, even if the enumeration of defendant's rights under Boykin v. Alabama , 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 [1969], was incomplete (see People v. Sougou, 26 N.Y.3d 1052, 23 N.Y.S.3d 121, 44 N.E.3d 196 [2015] ). Defendant's complaint about the sequence of events at his allocution, in which the court elicited factual admissions before advising defendant of his Boykin rights, is unavailing (see Matter of Leon T., 23 A.D.3d 256, 804 N.Y.S.2d 79 [1st Dept.2005] ).
RENWICK, J.P., RICHTER, MANZANET–DANIELS, FEINMAN, KAPNICK, JJ., concur.