Opinion
12-22-2015
The PEOPLE of the State of New York Respondent, v. Scott M. AUSTIN, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Manu K. Balachandran of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Richard Joselson of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Manu K. Balachandran of counsel), for respondent.
Judgment, Supreme Court, New York County (Lynn R. Kotler, J. at plea; Patricia M. Nunez, J. at sentencing), rendered September 6, 2012, as amended November 19, 2012, convicting defendant of grand larceny in the third degree, and sentencing him to a term of one year, 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 1202, 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] ).
TOM, J.P., RENWICK, SAXE, KAPNICK, JJ., concur.