Opinion
570464/10
10-26-2011
The People of the State of New York, Respondent, v. Joseph Conceicao, Defendant-Appellant.
PRESENT: , J.P., Hunter, Jr., Torres, JJ
Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (John P. Collins, J.), rendered December 31, 2009, convicting him, upon a plea of guilty, of criminal possession of a controlled substance in the seventh degree, and imposing sentence.
Per Curiam.
Judgment of conviction (John P. Collins, J.), rendered December 31, 2009, affirmed.
Defendant's present challenge to the adequacy of his plea allocution, which does not come within the narrow exception to the preservation requirement, is unpreserved for appellate review since he failed to move to withdraw his guilty plea or seek to vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. "Trial courts are not required to engage in any particular litany during an allocution in order to obtain a valid guilty plea in which defendant waives a plethora of rights," but it must be demonstrable, as here, that the plea was "voluntary, knowing and intelligent" (People v Moissett, 76 NY2d 909, 910-911 [1983]; see People v Jackson, 60 AD3d 576 [2009], lv denied 12 NY3d 926 [2009]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
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