People v. Lopez-Hilario
| Decision Date | 24 December 2019 |
| Docket Number | S.C.I. No. 16–00535,2018–07238 |
| Citation | 112 N.Y.S.3d 564 (Mem),178 A.D.3d 1078 |
| Parties | The PEOPLE, etc., Respondent, v. Angel LOPEZ–HILARIO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Jerry F. Kebrdle II, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (William C. Milaccio and Christine DiSalvo of counsel), for respondent.
LEONARD B. AUSTIN, J.P., ROBERT J. MILLER, JOSEPH J. MALTESE, BETSY BARROS, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, since he did not move to withdraw his plea or otherwise raise this issue before the Supreme Court (see People v. Hendrix , 172 A.D.3d 1224, 1224, 98 N.Y.S.3d 889 ; People v. King , 169 A.D.3d 1060, 1061, 92 N.Y.S.3d 895 ; People v. Coachman , 154 A.D.3d 957, 957, 63 N.Y.S.3d 94 ). In any event, this contention is without merit. The court did not improperly delegate its authority to conduct the plea allocution to the prosecutor (see People v. Singh , 158 A.D.3d 824, 825, 68 N.Y.S.3d 888 ; People v. Thompson , 143 A.D.3d 1007, 1008, 39 N.Y.S.3d 800 ; People v. Johnson , 140 A.D.3d 1188, 1189, 35 N.Y.S.3d 375 ; People v. Linares , 116 A.D.3d 792, 792, 982 N.Y.S.2d 901 ; cf. People v. Sanders , 25 N.Y.3d 337, 339 n. 1, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). Additionally, the defendant's monosyllabic, one-word responses did not render the plea invalid (see People v. Najera , 170 A.D.3d 753, 755, 94 N.Y.S.3d 175 ; People v. Sampson , 149 A.D.3d 1486, 1487, 52 N.Y.S.3d 767 ; People v. Lewis , 114 A.D.3d 1310, 1311, 980 N.Y.S.2d 231 ). Further, the defendant's postplea assertions of innocence contradicted the admissions made under oath at his plea allocution and were insufficient to warrant a hearing or further inquiry by the court (see People v. Stephensbush , 172 A.D.3d 1108, 1109, 100 N.Y.S.3d 322 ; People v. Rodriguez , 154 A.D.3d 968, 969, 63 N.Y.S.3d 441 ; People v. Smith , 148 A.D.3d 939, 940, 49 N.Y.S.3d 501 ).
The defendant's remaining contention is without merit.
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