| People v Roulette |
| 2008 NY Slip Op 07795 [55 AD3d 394] |
| October 16, 2008 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Gerald Roulette, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Allen J. Vickey of counsel), forrespondent.
Judgment, Supreme Court, New York County, (Renee A. White, J.), rendered December 21,2006, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in thethird degree, and sentencing him to a term of 11 months, unanimously affirmed.
Defendant has failed to preserve his claim that his plea was involuntary because the court didnot advise him that the plea would preclude him from obtaining appellate review of the issuesraised in his pending suppression motion (see People v Lopez, 71 NY2d 662 [1988]), andwe decline to review it in the interest of justice. As an alternative holding, we reject this claim onthe merits. The colloquy in which the court accepted defendant's guilty plea satisfied allconstitutional requirements, and the plea was knowingly, intelligently and voluntarily made(see Boykin v Alabama, 395 US 238 [1969]; People v Harris, 61 NY2d 9, 16[1983]). "[T]rial courts are not required to engage in any particular litany during an allocution inorder to obtain a valid guilty plea in which defendant waives a plethora of rights" (People vMoissett, 76 NY2d 909, 910-911 [1990]). A guilty plea will effect a forfeiture of the right toappellate review of a wide variety of possible issues (People v Hansen, 95 NY2d 227,230 [2000]). A plea court is not required to list all those issues, or to anticipate that a defendantmight be harboring a mistaken subjective belief as to what issues he could still raise on appeal.Concur—Saxe, J.P., Catterson, McGuire, Acosta and DeGrasse, JJ.