Opinion
No. 570249/11.
04-02-2015
The PEOPLE of the State of New York, Respondent, v. RUBEN D., Defendant–Appellant.
Opinion
Judgment of conviction (Melissa C. Jackson, J. at plea; Robert M. Mandelbaum, J. at sentencing), rendered February 24, 2011, 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 (1969) is unpreserved, since he failed to raise the issue prior to sentencing (see People v. Jackson, 123 AD3d 634 [2014] ). Furthermore, the narrow exception to the preservation rule is inapplicable here, since the defendant's plea allocution did not cast significant doubt upon his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (People v. Tyrell, 22 NY3d 359, 364 [2013] ; People v. Lopez, 71 N.Y.2d 662, 666 [1988] ). Were we to reach the issue in the interest of justice, we find the record sufficient to establish defendant's understanding and waiver of his Boykin rights and of his entry of an otherwise knowing and voluntary guilty plea.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.