People v. Isaiah S.

• Decision Date: 29 July 2015
• Citation: 2015 N.Y. Slip Op. 06375,130 A.D.3d 1081,13 N.Y.S.3d 840 (Mem)
• Parties: The PEOPLE, etc., respondent, v. ISAIAH S. (Anonymous), appellant.
• Court: New York Supreme Court — Appellate Division

130 A.D.3d 1081

13 N.Y.S.3d 840 (Mem)

2015 N.Y. Slip Op. 06375

The PEOPLE, etc., respondent

v.ISAIAH S. (Anonymous), appellant.

Supreme Court, Appellate Division, Second Department, New York.

July 29, 2015.

Seymour W. James, Jr., New York, N.Y. (Katheryne M. Martone of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jeanette Lifschitz of counsel; Lorrie A. Zinno on the brief), for respondent.

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Melendez, J., at plea; Chin–Brandt, J., at sentence), rendered August 26, 2013, adjudicating him a youthful offender, upon his plea of guilty to petit larceny, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was invalid because the Supreme Court failed to advise him of all of his constitutional rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 is unpreserved for appellate review because he did not move to vacate his plea prior to the imposition of sentence or otherwise raise the issue in the Supreme Court (see People v. Fontanet, 126 A.D.3d 723, 2 N.Y.S.3d 371 ; People v. Pollidore, 123 A.D.3d 1058, 1059, 997 N.Y.S.2d 752 ; People v. Bennett, 122 A.D.3d 871, 872, 996 N.Y.S.2d 369 ; People v. Caliste, 122 A.D.3d 765, 994 N.Y.S.2d 866; People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704 ). In any event, the contention is without merit. There is no uniform mandatory catechism for accepting a plea of guilty (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336 ; People v. Seeber, 4 N.Y.3d 780, 781, 793 N.Y.S.2d 826, 826 N.E.2d 797 ; People v. Bennett, 122 A.D.3d at 872, 996 N.Y.S.2d 369 ). A plea of guilty “will not be invalidated ‘solely because the Trial Judge failed to specifically enumerate all the rights to which the defendant was entitled and to elicit from him or her a list of detailed waivers before accepting the guilty plea’ ” (People v. Tyrell, 22 N.Y.3d at 365, 981 N.Y.S.2d 336, quoting People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). Here, before the court accepted the defendant's plea of guilty, it adequately advised him of certain constitutional rights he was surrendering by pleading guilty (see People v. Bennett, 122 A.D.3d at 872, 996 N.Y.S.2d 369 ; cf. People v. Moore, 24 N.Y.3d 1030, 1031, 998 N.Y.S.2d 140 ; People v. Tyrell, 22 N.Y.3d at 366, 981 N.Y.S.2d 336 ). The record affirmatively demonstrates the defendant's understanding and waiver of these constitutional rights, and the...