Opinion
7437 Ind. 1058/13
10-23-2018
The PEOPLE of the State of New York, Respondent, v. James CADE, Defendant–Appellant.
Justin M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Justin M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.
Sweeny, J.P., Gische, Tom, Mazzarelli, Kern, JJ.
Defendant's claim that the court's explanation of his rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) was deficient is unpreserved, and does not fall within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 381–382, 44 N.E.3d 199 [2015] ). We decline to review this claim in the interest of justice. As an alternative holding, we find that the court correctly stated the Boykin rights, and was not obligated to label them as "constitutional," or to inform defendant that a jury would consist of 12 people.
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered November 13, 2013, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under the influence of alcohol, and sentencing him to a term of 30 days with 5 years' probation and a $1000 fine, unanimously affirmed.