Opinion
8384 Ind. 2451/06
02-14-2019
Christina A. Swarns, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Christina A. Swarns, Office of the Appellate Defender, New York (Rosemary Herbert of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Samuel Z. Goldfine of counsel), for respondent.
Renwick, J.P., Manzanet–Daniels, Oing, Moulton, JJ.
Defendant's challenge to the voluntariness of his plea is unpreserved (see People v. Conceicao, 26 N.Y.3d 375, 381, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review it in the interest of justice. As an alternative holding, we find that the plea was knowing, intelligent and voluntary. At the plea colloquy, there was nothing to warrant an inquiry into whether defendant's mental condition impaired his ability to understand the proceedings. The court specifically noted, based on its own observations, that defendant appeared to be mentally competent. We find that the record provides no basis for a contrary conclusion.