Opinion
16510 1405/12.
12-29-2015
The PEOPLE of the State of New York, SCI Respondent, v. Lance TERRELL, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (William Terrell, III of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (William Terrell, III of counsel), for respondent.
Opinion
Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered March 25, 2013, convicting defendant, upon his plea of guilty, of attempted assault in the second degree, and sentencing him, as a second felony offender, to a term of 1 ½ to 3 years, unanimously affirmed.
Defendant's challenges to the factual basis for his plea and to the court's discussion of defendant's rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) are unpreserved, and they do not come within the narrow exception to the preservation requirement (see People v. Conceicao, ––– N.Y.3d ––––, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2015 N.Y. Slip Op. 08615, *2, 2015 WL 7431397 2015 ). We decline to review these claims in the interest of justice.
As an alternate holding, we find no basis for reversal. The plea was knowing, intelligent and voluntary. At the plea proceeding, defendant clarified that he was admitting to the requisite element of intent, and his factual recitations did not cast significant doubt on his guilt (see People v. Toxey, 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160 1995 ). We also find that the court sufficiently advised defendant of the rights he was giving up by pleading guilty, notwithstanding that it omitted the word “jury” from its reference to giving up the right to a trial (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346; People v. Harris, 61 N.Y.2d 9, 16–19, 471 N.Y.S.2d 61, 459 N.E.2d 170 1983 ). Finally, the court had no obligation to make a sua sponte inquiry at sentencing when defendant alluded, for the first time, to his possible intoxication at the time of the crime (see e.g. People v. Praileau, 110 A.D.3d 415, 971 N.Y.S.2d 533 1st Dept.2013, lv. denied 22 N.Y.3d 1202, 986 N.Y.S.2d 422, 9 N.E.3d 917 2014 ).
MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.