People v. Wilkerson

1 Citing case

  1. People v. Patterson

    204 N.Y.S.3d 624 (N.Y. App. Div. 2024)   Cited 1 times

    This argument, however, is unpreserved for our review (see People v. Witherspoon, 210 A.D.3d 1145, 1147, 178 N.Y.S.3d 236 [3d Dept. 2022], lv denied 39 N.Y.3d 1076, 183 N.Y.S.3d 777, 204 N.E.3d 413 [2023]), "and the asserted error does not qualify as a mode of proceedings error obviating the need for preservation" (People v. Lomack, 217 A.D.3d 1281, 1283, 192 N.Y.S.3d 703 [3d Dept. 2023], lv denied 40 N.Y.3d 951, 195 N.Y.S.3d 678, 217 N.E.3d 699 [2023]; accord People v. Bonilla, 219 A.D.3d 1094, 1095, 196 N.Y.S.3d 579 [3d Dept. 2023], lv denied, 40 N.Y.3d 1038, 200 N.Y.S.3d 776, 223 N.E.3d 1252 [2023]; see People v. Witherspoon,. 210 A.D.3d at 1147, 178 N.Y.S.3d 236). [2–4] Defendant’s challenge to the voluntariness of his plea, as well as his related claim of ineffective assistance of counsel (to the extent that it impacts upon the voluntariness of his plea), are unpreserved for our review absent evidence of an appropriate postallocution motion (see People v. Wilkerson, 221 A.D.3d 1187, 1188, 197 N.Y.S.3d 765 [3d Dept. 2023]; People v. Faublas, 216 A.D.3d 1358, 1359, 189 N.Y.S.3d 828 [3d Dept. 2023], lv denied 40 N.Y.3d 934, 194 N.Y.S.3d 756, 215 N.E.3d 1197 [2023]; People v. West, 210 A.D.3d 1194, 1195, 178 N.Y.S.3d 266 [3d Dept. 2022], lv denied 39 N.Y.3d 1080, 184 N.Y.S.3d 290, 204 N.E.3d 1072 [2023]). Although defendant initially denied – during the course of the plea colloquy – that he possessed dangerous contraband and claimed that he was only defending himself from an attack by another incarcerated individual, in response to County Court’s further questioning, defendant admitted each of the elements of the crime to which he pleaded guilty and acknowledged that he "possessed a weapon" (see People v. Stafford, 195 A.D.3d 1466, 1467, 145 N.Y.S.3d 506 [4th Dept. 2021], lv denied 37 N.Y.3d 1029, 153 N.Y.S.3d 409, 175 N.E.3d 434 [2021]; People v. Young, 158 A.D.3d 955, 956, 68 N.Y.S.3d 773 [3d Dept. 2018], lv denied 31 N.Y.3d 1090, 79 N.Y.S.3d 111, 103 N.E.3d 1258 [2018]).