| People v Cade |
| 2018 NY Slip Op 07067 [165 AD3d 551] |
| October 23, 2018 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v James Cade, Appellant. |
Justin M. Luongo, The Legal Aid Society, New York (Steven R. Berko of counsel), forappellant.
Cyrus R. Vance, Jr., District Attorney, New York (Alan Gadlin of counsel), forrespondent.
Judgment, Supreme Court, New York County (Maxwell Wiley, J.), rendered November 13,2013, convicting defendant, upon his plea of guilty, of operating a motor vehicle while under theinfluence of alcohol, and sentencing him to a term of 30 days with 5 years' probation and a $1000fine, unanimously affirmed.
Defendant's claim that the court's explanation of his rights under Boykin v Alabama(395 US 238 [1969]) was deficient is unpreserved, and does not fall within the narrow exceptionto the preservation requirement (seePeople v Conceicao, 26 NY3d 375, 381-382 [2015]). We decline to review this claim inthe interest of justice. As an alternative holding, we find that the court correctly stated theBoykin rights, and was not obligated to label them as "constitutional," or to informdefendant that a jury would consist of 12 people. Concur—Sweeny, J.P., Gische, Tom,Mazzarelli, Kern, JJ.