Opinion
9469 Ind. 2532/10
05-30-2019
The PEOPLE of the State of New York, Respondent, v. Dexter GREEN, Sr., Defendant–Appellant.
Cesar Gonzalez, Jr., Bronx, for appellant. Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Cesar Gonzalez, Jr., Bronx, for appellant.
Darcel D. Clark, District Attorney, Bronx (Kyle R. Silverstein of counsel), for respondent.
Friedman, J.P., Gische, Webber, Gesmer, Moulton, JJ.
Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered January 15, 2014, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree, and sentencing him to a term of 10 years, unanimously affirmed.
To the extent defendant is making any claim other than that his plea was involuntary, such claim is foreclosed by his valid waiver of the right to appeal. To the extent defendant is claiming that the plea was involuntary, that claim survives an appeal waiver but it is concededly unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we find that the plea allocution did not negate the element of criminal intent or cast any doubt on the voluntariness of defendant's plea (see People v. Toxey , 86 N.Y.2d 725, 631 N.Y.S.2d 119, 655 N.E.2d 160 [1995] ). Moreover, the requisite intent could be readily inferred from defendant's factual recitation (see People v. McGowen , 42 N.Y.2d 905, 397 N.Y.S.2d 993, 366 N.E.2d 1347 [1977] ; see also People v. Seeber , 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 [2005] ).