| People v Wilson |
| 2013 NY Slip Op 04554 [107 AD3d 532] |
| June 18, 2013 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v Ariel Wilson, Appellant. |
—[*1] Cyrus R. Vance, Jr., District Attorney, New York (Sheila O'Shea of counsel), forrespondent.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January24, 2011, convicting defendant, upon his plea of guilty, of criminal sexual act in the firstdegree, and sentencing him to a term of 23 years, unanimously affirmed.
Defendant's challenge to the voluntariness of his plea is unpreserved (see Peoplev Lopez, 71 NY2d 662, 666 [1988]), and we decline to review it in the interest ofjustice. As an alternative holding, we reject it on the merits. "The court was not obligatedto inquire about a possible intoxication defense, because defendant said nothing aboutintoxication in his plea allocution itself, regardless of what he may have said on otheroccasions" (People vOrtega, 70 AD3d 416, 417 [1st Dept 2010], lv denied 15 NY3d 808[2010]).
Defendant made a valid waiver of his right to appeal (see People v Lopez, 6 NY3d248 [2006]). Regardless of whether defendant validly waived his right to appeal, weperceive no basis for reducing the sentence. Concur—Andrias, J.P., Friedman,Moskowitz, DeGrasse and Feinman, JJ.