People v Vasquez (Elias)

[*1] People v Vasquez (Elias) 2015 NY Slip Op 50878(U) Decided on June 10, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 June 10, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Shulman, JJ.
571066/13

The People of the State of New York, Respondent, -

against

Elias Vasquez, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Joanne D. Quinones, J.), rendered October 7, 2013, convicting him, upon his plea of guilty, of two counts of criminal contempt in the second degree, and imposing sentence.

Per Curiam.

Judgment of conviction (Joanne D. Quinones, J.), rendered October 7, 2013, affirmed.

Defendant's argument that his guilty plea was invalid because the court failed to advise him of all of his constitutional rights under Boykin v Alabama, 395 US 238 (1969) is unpreserved, since he failed to raise the issue prior to sentencing (see People v Jackson, 123 AD3d 634 [2014]). 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 find the record sufficient to establish defendant's understanding and waiver of his Boykin rights and of his entry of an otherwise knowing and voluntary guilty plea.

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur
Decision Date: June 10, 2015