Opinion
04-05-2016
The PEOPLE of the State of New York, Respondent, v. Gregory VELEZ, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alexander Michaels of counsel), for respondent.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered September 30, 2014, convicting defendant, upon his plea of guilty, of murder in the first degree, and sentencing him to a term of 20 years to life, unanimously affirmed.
Defendant's challenges to his plea 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 record as a whole establishes that the plea was knowingly, intelligently and voluntarily made, notwithstanding any deficiencies in the plea colloquy, including the lack of reference to the right against self-incrimination (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ; People v. Harris, 61 N.Y.2d 9, 16–19, 471 N.Y.S.2d 61, 459 N.E.2d 170 [1983] ). Furthermore, there was nothing in defendant's allocution itself that cast doubt on his guilt. Accordingly, the court was not required to inquire into statements defendant made on other occasions (see e.g.
People v. Fiallo, 6 A.D.3d 176, 177, 777 N.Y.S.2d 297 [1st Dept.2004], lv. denied 3 N.Y.3d 640, 782 N.Y.S.2d 411, 816 N.E.2d 201 [2004] ).
MAZZARELLI, J.P., ANDRIAS, SAXE, MOSKOWITZ, KAHN, JJ., concur.