People v Green (Albert)

[*1] People v Green (Albert) 2007 NY Slip Op 51873(U) [17 Misc 3d 127(A)] Decided on October 4, 2007 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 4, 2007
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: McCOOE, J.P., SCHOENFELD, HEITLER, JJ
570617/05.

People of the State of New York, Respondent,

against

Albert Green, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Geraldine Harris, J.), rendered July 15, 2005, convicting him, upon a plea of guilty, of assault in the third degree and imposing sentence.

Per Curiam.

Judgment of conviction (Geraldine Harris, J.), rendered July 15, 2005, affirmed.

Defendant's present challenge to the adequacy of his plea allocution is not preserved for appellate review since he failed to move to withdraw his plea or vacate the judgment of conviction (see People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. Were we to review the claim, we would find it to be without merit. There is no "uniform mandatory catechism of pleading defendants," only that it be demonstrable that the plea was voluntary, knowing and intelligent (see People v Nixon, 21 NY2d 338, 353 [1967], cert denied sum nom. Robinson v New York, 393 US 1067 [1969], which is shown by a review of the minutes herein. Defendant, who had extensive contacts with the criminal justice system and was actively represented by counsel, was expressly informed by the court that a final order of protection was a condition of sentencing.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 4, 2007