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The People of the State of New York v. Harry Boyce

New York Supreme and/or Appellate Courts APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT


September 23, 2011

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT, -
v.
HARRY BOYCE,
DEFENDANT-APPELLANT.

Defendant appeals from a judgment of the Criminal Court of the City of New York, New York County (Elisa Koenderman, J. at plea; Rita Mella, J. at sentencing), rendered October 21, 2008, convicting him, upon his plea of guilty, of criminal possession of a weapon in the fourth degree, and imposing sentence.

Per curiam.

People v Boyce (Harry)

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This opinion is uncorrected and will not be published in the printed Official Reports.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 September 23, 2011

PRESENT: Torres, J.P., Shulman, Hunter, Jr., JJ

Judgment of conviction (Elisa Koenderman, J. at plea; Rita Mella, J. at sentencing), rendered October 21, 2008, affirmed.

Defendant's challenges to the voluntariness of his guilty plea are unpreserved for appellate review, since he never moved to withdraw the plea or vacate his conviction (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Pellegrino, 60 NY2d 636, 637 [1983]), and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The defendant's statements at sentencing did not warrant vacating his plea (see People v Diaz, 80 AD3d 514 [2011], lv denied 16 NY3d 858 [2011]), particularly when the record establishes that the sentencing court conducted an adequate inquiry, and defendant expressly reaffirmed his guilt (see People v Thompson, 32 AD3d 743 [2006], lv denied 9 NY3d 870 [2007]; People v Burton, 133 AD2d 276 [1987], lv denied 70 NY2d 798 [1987]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concur I concur I concur

Decision Date: September 23, 2011

20110923

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