| People v Gillens |
| 2015 NY Slip Op 09641 [134 AD3d 655] |
| December 29, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v David Gillens, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Joanne Legano Ross ofcounsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Ellen Standfield Friedman ofcounsel), for respondent.
Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 22,2013, convicting defendant, upon his plea of guilty, of criminal possession of acontrolled substance in the third degree, and sentencing him to a term of five years'probation, unanimously affirmed.
Defendant's claim that his plea allocution was deficient because the court omitted theword "jury" from its reference to giving up the right to a trial is a claim requiringpreservation (see People vJackson, 123 AD3d 634 [1st Dept 2014], lv denied 25 NY3d 1202[2015]), and we decline to review this unpreserved claim in the interest of justice. As analternative holding, we find that the record establishes the voluntariness of the plea (see People v Tyrell, 22 NY3d359, 365 [2013]; People v Harris, 61 NY2d 9, 16-19 [1983]).Concur—Mazzarelli, J.P., Sweeny, Manzanet-Daniels and Gische, JJ.