Opinion
9663 Ind. 1241/14
06-18-2019
The PEOPLE of the State of New York, Respondent, v. Larry CALDERON, Defendant–Appellant.
Marianne Karas, Thornwood, for appellant. Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Marianne Karas, Thornwood, for appellant.
Darcel D. Clark, District Attorney, Bronx (Paul A. Andersen of counsel), for respondent.
Gische, J.P., Webber, Kahn, Kern, JJ.
Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered July 12, 2017, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him, as a second violent felony offender, to a term of 14 years, unanimously affirmed.
Defendant's challenges to his guilty plea do not fall within the narrow exception to the preservation requirement (see People v. Conceicao , 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the record as a whole establishes that the plea was knowingly, intelligently, and voluntarily made (see e.g. People v. Luckey , 149 A.D.3d 414, 50 N.Y.S.3d 368 [1st Dept. 2017], lv denied 29 N.Y.3d 1082, 64 N.Y.S.3d 172, 86 N.E.3d 259 [2017] ). The alleged defects in the plea allocution are, at most, matters of form rather than substance that do not undermine the validity of the plea.
Defendant made a valid waiver of his right to appeal (see People v. Bryant , 28 N.Y.3d 1094, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ), which forecloses review of his excessive sentence claim. Regardless of whether defendant validly waived his right to appeal, we perceive no basis for reducing the sentence.