Opinion
2014-12-30
The PEOPLE of the State of New York, Respondent, v. Robert JACKSON, Defendant–Appellant.
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
ACOSTA, J.P., MOSKOWITZ, RICHTER, FEINMAN, CLARK, JJ.
Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July 22, 1999, convicting defendant, upon his plea of guilty, of attempted criminal possession of a controlled substance in the third degree, and sentencing him to a term of six months, concurrent with five years probation, unanimously affirmed.
Defendant's argument that his guilty plea was invalid because the court failed to advise him of all of his constitutional rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) is unpreserved ( see e.g. People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704 [2d Dept.2014], lv. denied22 N.Y.3d 1199, 986 N.Y.S.2d 420, 9 N.E.3d 915 [2014] ), and we decline to review it in the interest of justice. Unlike the situation in People v. Tyrell, 22 N.Y.3d 359, 364, 981 N.Y.S.2d 336, 4 N.E.3d 346 (2013), defendant had the opportunity to move to withdraw his plea or otherwise raise the issue, and the deficiency in the Boykin warnings did not rise to the level of a mode of proceedings error.