People v Campbell (Desmond)

[*1] People v Campbell (Desmond) 2015 NY Slip Op 50133(U) Decided on February 20, 2015 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 20, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
571089/12

The People of the State of New York, Respondent,

against

Desmond Campbell, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Abraham L. Clott, J. at plea; Michelle A. Armstrong, J. at sentencing), rendered October 1, 2012, convicting him, upon a plea of guilty, of petit larceny, and imposing sentence.

Per Curiam.

Judgment of conviction (Abraham L. Clott, J. at plea; Michelle A. Armstrong, J. at sentencing), rendered October 1, 2012, affirmed.

The defendant's contention that his plea of guilty was invalid is not preserved for appellate review, since he did not raise the issue prior to sentencing (see People v Jackson, 114 AD3d 807 [2014]; People v Hernandez, 110 AD3d 919 [2013]). Furthermore, the narrow exception to the preservation rule is inapplicable here, since the defendant's plea allocution did not cast significant doubt upon his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (People v Tyrell, 22 NY3d 359, 364 [2013]; People v Lopez, 71 NY2d 662, 666 [1988]). Were we to reach the issue in the interest of justice, we would find the record sufficient to establish defendant's understanding and waiver of his Boykin rights (see Boykin v Alabama, 395 US 238 [1969]; People v Tyrell, 22 NY3d at 366), and of his entry of an otherwise knowing and voluntary guilty plea. The plea minutes reflect that defendant personally confirmed, in response to the court's questioning, that he was pleading guilty of his own free will, that he committed the underlying offense, and that he understood that he was giving up his right to a trial, at which the People would have the burden to prove his guilt beyond a reasonable doubt (see People v Jackson, 114 AD3d at 808).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: February 20, 2015