People v Williams
2016 NY Slip Op 02531 [137 AD3d 706]
March 31, 2016
Appellate Division, First Department
As corrected through Wednesday, April 27, 2016


[*1]
 The People of the State of New York,Respondent,
v
Emma Williams, Appellant.

Seymour W. James, Jr., The Legal Aid Society, New York (Amy Donner of counsel),for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), forrespondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered May 22,2013, convicting defendant, upon her plea of guilty, of burglary in the third degree, andsentencing her to a term of six months, unanimously affirmed.

Defendant's challenges to the court's discussion of her rights under Boykin vAlabama (395 US 238 [1969]) do not fall within the narrow exception to thepreservation requirement (seePeople v Conceicao, 26 NY3d 375, 382 [2015]), and we decline to review theseunpreserved claims in the interest of justice. As an alternative holding, we find no basisfor reversal. The plea was knowing, intelligent and voluntary (see People v Tyrell, 22 NY3d359, 365 [2013]; People v Harris, 61 NY2d 9, 16-19 [1983]). The courtsufficiently advised defendant of the rights she was giving up by pleading guilty,notwithstanding that it omitted the word "jury" from its reference to giving up the right toa trial (see People v Gillens,134 AD3d 655 [1st Dept 2015]; People v Terrell, 134 AD3d 651, 651-652 [1st Dept 2015]).Concur—Tom, J.P., Sweeny, Manzanet-Daniels, Gische and Gesmer, JJ.


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