Opinion
16482 2892/12.
12-29-2015
The PEOPLE of the State of New York, Respondent, v. Christian GUZMAN, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Charles Solomon, J.), rendered October 16, 2012, convicting defendant, upon his plea of guilty, of grand larceny in the fourth degree, and sentencing him to a term of one year, unanimously affirmed.
Defendant's claim that his guilty plea was invalid because the court gave an incomplete explanation of defendant's rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) is a claim requiring preservation (see People v. Jackson, 123 A.D.3d 634, 999 N.Y.S.2d 73 1st Dept.2014, lv. denied 25 N.Y.3d 1201, 16 N.Y.S.3d 525, 37 N.E.3d 1168 2015 ), and we decline to review this unpreserved claim in the interest of justice. Unlike the situation in People v. Tyrell, 22 N.Y.3d 359, 364, 981 N.Y.S.2d 336, 4 N.E.3d 346 (2013), defendant had the opportunity to move to withdraw his plea or otherwise raise the issue, and the deficiency did not rise to the level of a mode of proceedings error. As an alternative holding, we find that the record as a whole establishes the voluntariness of the plea (see Tyrell, 22 N.Y.3d at 365, 981 N.Y.S.2d 336; see also People v. Harris, 61 N.Y.2d 9, 16–19, 471 N.Y.S.2d 61, 459 N.E.2d 1701983 ).
FRIEDMAN, J.P., ACOSTA, ANDRIAS, RICHTER, JJ., concur.