Opinion
06-15-2017
The PEOPLE of the State of New York, Respondent, v. Walter WALKER, Defendant–Appellant.
Galluzzo & Arnone LLP, New York (Matthew J. Galluzzo of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), for respondent.
Galluzzo & Arnone LLP, New York (Matthew J. Galluzzo of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Gliner of counsel), for respondent.
Judgments, Supreme Court, New York County (Michael J. Obus, J. at pleas; Bonnie G. Wittner, J. at sentencing), rendered May 21, 2015, convicting defendant of criminal sale of a firearm in the first degree (two counts), criminal possession of a weapon in the first degree and conspiracy in the fourth degree, and sentencing him to an aggregate term of 20 years, unanimously affirmed.
Defendant's challenges to his plea are unpreserved (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review them in the interest of justice. As an alternative holding, we find that the record as a whole demonstrates that defendant's plea was knowing, intelligent, and voluntary, notwithstanding any deficiencies in the plea colloquy, including the lack of an express waiver of the right to remain silent (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ; People v. Velez, 138 A.D.3d 418, 27 N.Y.S.3d 868 [1st Dept.2016], lv. denied 27 N.Y.3d 1140, 39 N.Y.S.3d 122, 61 N.E.3d 521 [2016] ).We perceive no basis for reducing the sentence.
TOM, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.