People v. Pray, 2016–11850
| Court | New York Supreme Court Appellate Division |
| Citation | 183 A.D.3d 842,124 N.Y.S.3d 59 |
| Docket Number | Ind. No. 1771/14,2016–11850 |
| Parties | The PEOPLE, etc., Respondent, v. Charles PRAY, Appellant. |
| Decision Date | 20 May 2020 |
183 A.D.3d 842
124 N.Y.S.3d 59
The PEOPLE, etc., Respondent,
v.
Charles PRAY, Appellant.
2016–11850
Ind. No. 1771/14
Supreme Court, Appellate Division, Second Department, New York.
Argued—January 31, 2020
May 20, 2020
Laurette D. Mulry, Riverhead, N.Y. (Lisa Marcoccia of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Alfred J. Croce and Thomas C. Costello of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JEFFREY A. COHEN, LINDA CHRISTOPHER, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Suffolk County (Stephen L. Braslow, J.), rendered September 12, 2016, convicting him of murder in the second degree, criminal possession of stolen property in the third degree, grand larceny in the fourth degree, criminal possession of a controlled substance in the seventh degree, driving while ability impaired by drugs, and aggravated unlicensed operation of a motor vehicle in the third degree, upon his plea of guilty, and imposing sentence.
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, as he did not move to withdraw his plea or otherwise raise the issue before the County Court (see People v. Pastor, 28 N.Y.3d 1089, 1090–1091, 45 N.Y.S.3d 317, 68 N.E.3d 42 ; People v. Anderson, 170 A.D.3d 878, 93 N.Y.S.3d 864 ; People v. Williams, 110 A.D.3d 746, 747, 972 N.Y.S.2d 94 ). In any event, the defendant's contention is without merit. Contrary to the defendant's contention, the chronology in which the court conducted the plea allocution does not render his plea invalid (see People v. Martinez, 159 A.D.3d 836, 69 N.Y.S.3d 820 ). Moreover, "[a]lthough the defendant was not advised by the County Court of each of the federal constitutional rights he was waiving by pleading guilty, 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 ... a list of detailed waivers before accepting the guilty plea’ " ( People v. Jackson, 114 A.D.3d 807, 807–808, 979 N.Y.S.2d 704, quoting People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [internal quotation marks omitted]; see People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170 ). Here, the court's express...
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