People v. McClennon

• Decision Date: 15 December 2016
• Citation: 41 N.Y.S.3d 897 (Mem),2016 N.Y. Slip Op. 08462,145 A.D.3d 564
• Parties: The PEOPLE of the State of New York, Respondent, v. Mark McCLENNON, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

145 A.D.3d 564

41 N.Y.S.3d 897 (Mem)

2016 N.Y. Slip Op. 08462

The PEOPLE of the State of New York, Respondent,

v.Mark McCLENNON, Defendant–Appellant.

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

Dec. 15, 2016.

Galluzzo & Johnson LLP, New York (Zachary H. Johnson of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), for respondent.

Judgments, Supreme Court, New York County (Maxwell Wiley, J.), rendered October 14, 2015, convicting defendant, upon his pleas of guilty, of perjury in the first degree and assault in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 2 to 4 years, unanimously affirmed.

Defendant's challenges to his plea do not come within the narrow exception to the preservation requirement (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ), and we decline to review these unpreserved claims in the interest of justice. As an alternative holding, we find that the record establishes that the plea was knowingly, intelligently and voluntarily made. Defendant waived his rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), and nothing in the allocution casts any doubt on the plea's voluntariness.

SWEENY, J.P., RENWICK, RICHTER, MANZANET–DANIELS, KAPNICK, JJ., concur.