Opinion
03-31-2016
The PEOPLE of the State of New York, Respondent, v. Emma WILLIAMS, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.
Opinion
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 22, 2013, convicting defendant, upon her plea of guilty, of burglary in the third degree, and sentencing her to a term of 6 months, unanimously affirmed.
Defendant's challenges to the court's discussion of her rights under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969) do not fall 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 no basis for reversal. The plea was knowing, intelligent and voluntary (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013]; People v. Harris, 61 N.Y.2d 9, 16–19, 471 N.Y.S.2d 61, 459 N.E.2d 170 [1983] ). The court sufficiently advised defendant of the rights she was giving up by pleading guilty, notwithstanding that it omitted the word “jury” from its reference to giving up the right to a trial (see People v. Gillens, 134 A.D.3d 655, 21 N.Y.S.3d 623 [1st Dept.2015]; People v. Terrell, 134 A.D.3d 651, 651–52, 21 N.Y.S.3d 619 [1st Dept.2015] ).
TOM, J.P., SWEENY, MANZANET–DANIELS, GISCHE, GESMER, JJ., concur.