New York Supreme and/or Appellate Courts Appellate Division, First Department
March 22, 2012
THE PEOPLE OF THE STATE OF NEW YORK,
People v Nyarko
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Decided on March 22, 2012
Tom, J.P., Friedman, Acosta, DeGrasse, Roman, JJ.
Judgment, Supreme Court, Bronx County (Steven Paynter, J.), rendered October 22, 2008, convicting defendant, upon his plea of guilty, of harassment in the second degree, and sentencing him to a conditional discharge for a period of one year, unanimously affirmed.
Defendant did not move to withdraw his guilty plea, and this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662 ). Accordingly, defendant's challenge to the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find no basis for reversal. The record establishes that, under all the relevant circumstances, defendant entered a knowing, intelligent and voluntary plea to a violation, and there was nothing in the plea allocution that cast significant doubt on defendant's guilt or the voluntariness of his plea.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
ENTERED: MARCH 22, 2012
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