From Casetext: Smarter Legal Research

People v. Lee

New York Supreme Court — Appellate Division
Mar 20, 2024
205 N.Y.S.3d 494 (N.Y. App. Div. 2024)

Opinion

03-20-2024

The PEOPLE, etc., respondent, v. Jordan A. LEE, appellant.

Margaret M. Walker, Poughkeepsie, NY (Steven Levine of counsel; Robert Bleakley on the brief), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.


Margaret M. Walker, Poughkeepsie, NY (Steven Levine of counsel; Robert Bleakley on the brief), for appellant.

Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Anna K. Diehn of counsel), for respondent.

ANGELA G. IANNACCI, J.P., CHERYL E. CHAMBERS, PAUL WOOTEN, LILLIAN WAN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered April 22, 2022, convicting him of criminal possession of a controlled substance in the second degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

As the defendant’s challenge to the voluntariness of his plea survives even a valid waiver of the right to appeal, we need not determine whether the defendant’s waiver of the right to appeal was invalid (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Potter, 191 A.D.3d 903, 903–904, 138 N.Y.S.3d 878).

The defendant’s contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, as he did not move to withdraw his plea or otherwise raise the issue before the County Court (see People v. Pastor, 28 N.Y.3d 1089, 1091, 45 N.Y.S.3d 317, 68 N.E.3d 42; People v. Tyrell, 22 N.Y.3d 359, 364, 981 N.Y.S.2d 336, 4 N.E.3d 346), and the narrow exception to the preservation rule is inapplicable in this case (see People v. Gaston, 219 A.D.3d 626, 627, 193 N.Y.S.3d 319; People v. Mejia, 195 A.D.3d 1043, 1045, 150 N.Y.S.3d 731). In any event, the record demonstrates that the defendant’s plea of guilty was knowingly, voluntarily, and intelligently entered.

IANNACCI, J.P., CHAMBERS, WOOTEN and WAN, JJ., concur.


Summaries of

People v. Lee

New York Supreme Court — Appellate Division
Mar 20, 2024
205 N.Y.S.3d 494 (N.Y. App. Div. 2024)
Case details for

People v. Lee

Case Details

Full title:The PEOPLE, etc., respondent, v. Jordan A. LEE, appellant.

Court:New York Supreme Court — Appellate Division

Date published: Mar 20, 2024

Citations

205 N.Y.S.3d 494 (N.Y. App. Div. 2024)