Opinion
6344 SCI 1999N/13
04-19-2018
The PEOPLE of the State of New York, Respondent, v. Pierre DOR, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Beth Fisch Cohen of counsel), for respondent.
Acosta, P.J., Manzanet–Daniels, Tom, Oing, Singh, JJ.
Judgment, Supreme Court, New York County (Richard M. Weinberg, J.), rendered October 24, 2013, convicting defendant, upon his plea of guilty, of attempted criminal sale of a controlled substance in the third degree, and sentencing him to a term of five years' probation, unanimously affirmed.
Defendant's challenges to his plea are unpreserved, and they do not come 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] ). We decline to review these 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 People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646 [1993] ). The circumstances under which the plea was taken were not coercive. The court's advice to defendant that probation might not remain available if he did not accept the offer promptly did not render the plea involuntary. Moreover, defendant declined the court's suggestion that he take more time to consult with counsel before accepting the offer. Furthermore, during the allocution defendant freely admitted his guilt.