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The People of the State of New York, Respondent v. Warren Covington

New York Supreme and/or Appellate Courts SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS


December 10, 2012

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
WARREN COVINGTON, APPELLANT.

Appeal from a judgment of the City Court of Yonkers, Westchester County (Thomas R. Daly, J.), rendered September 20, 2010.

People v Covington (Warren)

Appellate Term, Second 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This opinion is uncorrected and will not be published in the printed Official Reports.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

PRESENT: NICOLAI, P.J., IANNACCI and LaSALLE, JJ

The judgment convicted defendant, upon his plea of guilty, of assault in the third degree, criminal possession of a weapon in the fourth degree, and harassment in the second degree.

ORDERED that the judgment of conviction is affirmed.

Defendant's contention that his plea was not voluntary is unpreserved for appellate review since defendant did not move, in the City Court, to withdraw his plea or vacate the judgment of conviction on this ground (see People v Shell, 73 AD3d 1095 [2010]; People v Wynn, 40 AD3d 893 [2007]). The narrow exception to the preservation requirement is inapplicable as defendant's statements during his plea allocution neither cast doubt on his guilt nor call the voluntariness of his plea into question (see People v Lopez, 71 NY2d 662, 666 [1988]). In any event, we note that "there is no requirement for a uniform mandatory catechism of pleading defendants" (People v Seeber, 4 NY3d 780, 781 [2005]), and defendant indicated that he understood that by pleading guilty he would give up his rights to remain silent and have a trial. A review of the record indicates that the City Court properly accepted defendant's plea, which was knowingly, voluntarily and intelligently made (see People v Sparrow, 30 Misc 3d 130[A], 2010 NY Slip Op 52312[U] [App Term, 9th & 10th Jud Dists 2010]). Moreover, defendant's contention that he was deprived of the effective assistance of counsel rests solely on matters dehors the record, which cannot be reviewed on direct appeal (see People v Ali, 55 AD3d 919 [2008]; People v DeLuca, 45 AD3d 777 [2007]).

Accordingly, the judgment of conviction is affirmed.

Nicolai, P.J., Iannacci and LaSalle, JJ., concur. Decision Date: December 10, 2012

20121210

© 1992-2012 VersusLaw Inc.



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