| People v Simmons |
| 2016 NY Slip Op 02904 [138 AD3d 520] |
| April 14, 2016 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Lamont Simmons, Appellant. |
Seymour W. James, Jr., The Legal Aid Society, New York (Harold V. Ferguson, Jr.of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), forrespondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), renderedJune 24, 2014, convicting defendant, upon his plea of guilty, of criminal facilitation inthe fourth degree, and sentencing him to a conditional discharge, unanimouslyaffirmed.
Defendant's challenges to the court's discussion of his 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]), despite theabsence of a full enumeration of the Boykin rights (see People v Sougou, 26 NY3d1052 [2015]). Concur—Mazzarelli, J.P., Acosta, Moskowitz, Gische andWebber, JJ.