People v Estrella

People v Estrella 2007 NY Slip Op 01361 [37 AD3d 277] February 15, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 11, 2007

The People of the State of New York, Respondent,
v
Francisco Estrella, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Marc Krupnick of counsel), for respondent.

Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered June 15, 2005, convicting defendant, upon his plea of guilty, of conspiracy in the fourth degree, and sentencing him, as a second felony offender, to a term of 1½ to 3 years, unanimously affirmed.

Defendant's unpreserved challenge to the validity of his plea falls outside the narrow exception to the preservation requirement (see People v Toxey, 86 NY2d 725 [1995]), and we decline to review it in the interest of justice. Were we to review this claim, we would conclude that defendant's plea was knowing, intelligent and voluntary, and that there was no indication that further inquiry was required to determine whether the plea was induced by the prosecutor's agreement not to prosecute defendant's sister (see People v Fiumefreddo, 82 NY2d 536 [1993]). Concur—Mazzarelli, J.P., Andrias, Friedman, Sweeny and Kavanagh, JJ.