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People v. Lijin

Appellate Division of the Supreme Court of the State of New York
Apr 18, 2019
171 A.D.3d 563 (N.Y. App. Div. 2019)

Opinion

9026 Ind. 792/13

04-18-2019

The PEOPLE of the State of New York, Respondent, v. Roland LIJIN, Defendant–Appellant.

Marianne Karas, Thornwood, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alice Wiseman of counsel), for respondent.


Marianne Karas, Thornwood, for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alice Wiseman of counsel), for respondent.

Richter, J.P., Manzanet–Daniels, Kahn, Gesmer, Oing, JJ.

Defendant's challenges to his plea allocution 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 plea was entered into knowingly, intelligently and voluntarily (see Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 [1969] ; People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ). The court had no duty to warn defendant of the potential future collateral consequences of his plea. "[T]his Court has repeatedly rejected the argument that a defendant who pleads guilty is entitled to be advised of the effect of the plea on sentences he or she might receive for future crimes" ( People v. Parker, 309 A.D.2d 508, 508, 765 N.Y.S.2d 245 [1st Dept. 2003], lv denied 1 N.Y.3d 577, 775 N.Y.S.2d 793, 807 N.E.2d 906 [2003] ).


Summaries of

People v. Lijin

Appellate Division of the Supreme Court of the State of New York
Apr 18, 2019
171 A.D.3d 563 (N.Y. App. Div. 2019)
Case details for

People v. Lijin

Case Details

Full title:The People of the State of New York, Respondent, v. Roland Lijin…

Court:Appellate Division of the Supreme Court of the State of New York

Date published: Apr 18, 2019

Citations

171 A.D.3d 563 (N.Y. App. Div. 2019)
2019 N.Y. Slip Op. 2960
96 N.Y.S.3d 844