People v Dabreo (Roger)

[*1] People v Dabreo (Roger) 2010 NY Slip Op 52028(U) [29 Misc 3d 137(A)] Decided on November 24, 2010 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 November 24, 2010
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT: Schoenfeld, J.P., Shulman, Hunter, Jr., JJ
570713/08.

The People of the State of New York, Respondent,

against

Roger Dabreo, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Kevin McGrath, J.), rendered October 8, 2008, convicting him, upon a plea of guilty, of criminal sale of marijuana in the fourth degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Kevin McGrath, J.), rendered October 8, 2008, affirmed.

Defendant's present challenge to the adequacy of his plea allocution, which does not come within the narrow exception to the preservation requirement, is unpreserved for appellate review since he failed to move to withdraw his guilty plea or seek to vacate the judgment of conviction (People v Lopez, 71 NY2d 662, 665 [1988]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. There is no "uniform mandatory catechism of pleading defendants," only that it be demonstrated that the plea was voluntary, knowing and intelligent (see People v Nixon, 21 NY2d 338, 353 [1967]), cert denied sub nom Robinson v New York, 393 US 1067 [1969]), which is shown by a review of the minutes herein.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concurI concurI concur
Decision Date: November 24, 2010