Opinion
2019–07833 Ind.No. 1493/17
01-13-2021
The PEOPLE, etc., respondent, v. Kevin HENRIKSEN, appellant.
Kevin Henriksen, Kew Gardens, NY, appellant pro se. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Roni C. Piplani, and Peter R. Isham of counsel), for respondent.
Kevin Henriksen, Kew Gardens, NY, appellant pro se.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill, Roni C. Piplani, and Peter R. Isham of counsel), for respondent.
WILLIAM F. MASTRO, A.P.J., REINALDO E. RIVERA, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gene Lopez, J.), rendered April 15, 2019, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his guilty plea was not knowing, voluntary, or intelligent on the ground that the Supreme Court failed to inquire whether he voluntarily waived the affirmative defense of lack of criminal responsibility by reason of mental disease or defect, as he did not move to withdraw his guilty plea on this ground (see People v. Leasure, 177 A.D.3d 770, 772, 114 N.Y.S.3d 367 ). In any event, it is without merit (see People v. Serrano, 160 A.D.2d 745, 746, 554 N.Y.S.2d 55 ). There was nothing in the defendant's plea allocution in this case that would trigger a duty on the part of the court to inquire into a potential affirmative defense based on mental defect or disease (see People v. Colemanorange, 151 A.D.3d 738, 739, 55 N.Y.S.3d 439 ; People v. Thomas, 139 A.D.3d 986, 986, 31 N.Y.S.3d 591 ).
The defendant's contention that he was tricked by the prosecutor into pleading guilty is also unpreserved for appellate review, since no objection was made on this ground (see People v. DiValentino, 154 A.D.3d 872, 873, 62 N.Y.S.3d 488 ). Further, the argument is not reviewable on direct appeal, as it is largely based on matters de hors the record (see People v. Reeves, 180 A.D.3d 936, 938, 116 N.Y.S.3d 569 ).
The defendant's remaining contention is without merit.
MASTRO, A.P.J., RIVERA, MILLER and DUFFY, JJ., concur.