Opinion
04-09-2024
The PEOPLE of the State of New York, Respondent, v. Tylin MAYES, Defendant–Appellant.
Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.
Twyla Carter, The Legal Aid Society, New York (Alyssa Gamliel of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Peter Rienzi of counsel), for respondent.
Webber, J.P., Moulton, Kennedy, Rodriguez, O’Neill Levy, JJ.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered September 27, 2018, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him to a term of one year, unanimously affirmed.
Because defendant did not move to withdraw his guilty plea, and because this case does not come within the narrow exception to the preservation requirement (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988]), his challenge to the validity of the plea is unpreserved, and we decline to review it in the interest of justice. As an alternative holding, we reject it on the merits. The record establishes that defendant’s plea was knowing, intelligent, and voluntary. Although the plea court did not address defendant’s predicate offense during the plea colloquy, the special information accompanying the indictment sufficiently apprised defendant that he was pleading guilty to an elevated felony charge under Penal Law § 265.02(1) based on his prior conviction (see People v. Swank, 68 A.D.3d 1816, 1817, 891 N.Y.S.2d 771 [4th Dept. 2009], lv denied 14 N.Y.3d. 806, 899 N.Y.S.2d 140, 925 N.E.2d 944 [2010]; see also People v. Sanchez, 55 A.D.3d 460, 461, 865 N.Y.S.2d 592 [1st Dept. 2008], lv denied 11 N.Y.3d 930, 874 N.Y.S.2d 15, 902 N.E.2d 449 [2009]). Defendant was not required to be arraigned on the special information in this matter involving a guilty plea (see CPL 200.60[3]; Swank, 68 A.D.3d at 1817, 891 N.Y.S.2d 771).