| People v Jackson |
| 2014 NY Slip Op 09048 [123 AD3d 634] |
| December 30, 2014 |
| Appellate Division, First Department |
[*1]
|  The People of the State of New York,Respondent, v Robert Jackson, Appellant. |
Steven Banks, The Legal Aid Society, New York (Joanne Legano Ross of counsel),for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), forrespondent.
Judgment, Supreme Court, New York County (Budd G. Goodman, J.), rendered July22, 1999, convicting defendant, upon his plea of guilty, of attempted criminal possessionof a controlled substance in the third degree, and sentencing him to a term of six months,concurrent with five years probation, unanimously affirmed.
Defendant's argument that his guilty plea was invalid because the court failed toadvise him of all of his constitutional rights under Boykin v Alabama (395 US238 [1969&rsqb) is unpreserved (see e.g. People v Jackson, 114 AD3d807 [2d Dept 2014&rsqb, lv denied 22 NY3d 1199[2014&rsqb), and we decline to review it in the interest of justice. Unlikethe situation in People vTyrell (22 NY3d 359, 364 [2013&rsqb), defendant had theopportunity to move to withdraw his plea or otherwise raise the issue, and the deficiencyin the Boykin warnings did not rise to the level of a mode of proceedings error.Concur—Acosta, J.P., Moskowitz, Richter, Feinman and Clark, JJ.