| People v Faulknor |
| 2015 NY Slip Op 08774 [134 AD3d 404] |
| December 1, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Fabian Faulknor, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Claudia S. Trupp ofcounsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Marianne Stracquadanio of counsel),for respondent.
Judgments, Supreme Court, Bronx County (Judith Lieb, J.), rendered June 25, 2013,convicting defendant, upon his pleas of guilty, of murder in the second degree andassault in the second degree and sentencing him to an aggregate term of 22 years to life,unanimously affirmed.
Defendant's unpreserved challenges to the validity of his plea do not come within thenarrow exception to the preservation requirement (see People v Lopez, 71 NY2d662, 665 [1988]), and we decline to review them in the interest of justice. As analternative holding, we find that the plea was knowing, intelligent and voluntary. Therecord fails to support defendant's assertion that the sentencing court's remarks violatedthe plea agreement (see e.g. People v Jeffrey, 254 AD2d 230 [1st Dept 1998],lv denied 92 NY2d 1033 [1998]). Unlike the situation in People v Mox (20 NY3d936 [2012]), there was nothing in the actual plea allocution that triggered a duty toinquire into an potential insanity defense, and the fact that there had been proceedingsunder CPL article 730, which had established defendant's competency, did not triggersuch a duty of inquiry.
Regardless of whether defendant made a valid appeal waiver, we perceive no basisfor reducing the sentence. Concur—Mazzarelli, J.P., Moskowitz, Richter andManzanet-Daniels, JJ.