| People v Terrell |
| 2015 NY Slip Op 09634 [134 AD3d 651] |
| December 29, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Lance Terrell, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross ofcounsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (William Terrell, III of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Seth L. Marvin, J.), rendered March 25,2013, convicting defendant, upon his plea of guilty, of attempted assault in the seconddegree, and sentencing him, as a second felony offender, to a term of 1
Defendant's challenges to the factual basis for his plea and to the court's discussionof defendant's rights under Boykin v Alabama (395 US 238 [1969]) areunpreserved, and they do not come within the narrow exception to the preservationrequirement (see People v Conceicao, 26 NY3d 375, 381-382 [2015]). We decline to review these claims in the interest ofjustice.
As an alternate holding, we find no basis for reversal. The plea was knowing,intelligent and voluntary. At the plea proceeding, defendant clarified that he wasadmitting to the requisite element of intent, and his factual recitations did not castsignificant doubt on his guilt (see People v Toxey, 86 NY2d 725 [1995]). Wealso find that the court sufficiently advised defendant of the rights he was giving up bypleading guilty, notwithstanding that it omitted the word "jury" from its reference togiving up the right to a trial (seePeople v Tyrell, 22 NY3d 359, 365 [2013]; People v Harris, 61 NY2d 9,16-19 [1983]). Finally, the court had no obligation to make a sua sponte inquiry atsentencing when defendant alluded, for the first time, to his possible intoxication at thetime of the crime (see e.g.People v Praileau, 110 AD3d 415 [1st Dept 2013], lv denied 22 NY3d1202 [2014]). Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische,JJ.