Opinion
10861 Ind. 571/15
01-23-2020
The PEOPLE of the State of New York, Respondent, v. Maurice ROBINSON, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Abigail Everett of counsel), for appellant.
Darcel D. Clark, District Attorney, Bronx (Felicia A. Yancey of counsel), for respondent.
Gische, J.P., Mazzarelli, Webber, Gesmer, JJ.
Judgment, Supreme Court, Bronx County (Diane Kiesel, J. at plea; Denis J. Boyle, J. at sentencing), rendered June 22, 2016, convicting defendant of assault in the second degree, and sentencing him, as a second violent felony offender, to a term of five years, unanimously affirmed.
Defendant's challenges to his plea do not fall within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 381–382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that, unlike People v. Mox, 20 N.Y.3d 936, 958 N.Y.S.2d 670, 982 N.E.2d 590 [2012], there was nothing in the plea allocution that triggered a duty to inquire into a potential psychiatric defense. We find that defendant's remaining challenges to the plea are unavailing (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ).
In any event, the only relief defendant requests is dismissal of the indictment rather than vacatur of the plea, and he expressly requests this Court to affirm the conviction if it does not grant a dismissal. Since we do not find that dismissal would be appropriate, we affirm on this basis as well (see e.g. People v. Teron, 139 A.D.3d 450, 29 N.Y.S.3d 175 [1st Dept. 2016] ).