Opinion
16518 5722/12.
12-29-2015
The PEOPLE of the State of New York, Respondent, v. David GILLENS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Ellen Standfield Friedman of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ellen Standfield Friedman of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 22, 2013, convicting defendant, upon his plea of guilty, of criminal possession of a controlled substance in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.
Defendant's claim that his plea allocution was deficient because the court omitted the word “jury” from its reference to giving up the right to a trial is a claim requiring preservation (see People v. Jackson, 123 A.D.3d 634, 999 N.Y.S.2d 73 1st Dept.2014, lv. denied 25 N.Y.3d 1201, 16 N.Y.S.3d 525, 37 N.E.3d 1168 2015 ), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that the record establishes the voluntariness of the plea (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 2013; People v. Harris, 61 N.Y.2d 9, 16–19, 471 N.Y.S.2d 61, 459 N.E.2d 170 1983 ).
MAZZARELLI, J.P., SWEENY, MANZANET–DANIELS, GISCHE, JJ., concur.