| People v Henriksen |
| 2021 NY Slip Op 00189 [190 AD3d 765] |
| January 13, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kevin Henriksen, Appellant. |
Kevin Henriksen, Kew Gardens, NY, appellant pro se.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Roni C. Piplani, andPeter R. Isham of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (GeneLopez, J.), rendered April 15, 2019, convicting him of burglary in the first degree, upon his pleaof guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that his guilty plea wasnot knowing, voluntary, or intelligent on the ground that the Supreme Court failed to inquirewhether he voluntarily waived the affirmative defense of lack of criminal responsibility by reasonof mental disease or defect, as he did not move to withdraw his guilty plea on this ground (see People v Leasure, 177 AD3d770, 772 [2019]). In any event, it is without merit (see People v Serrano, 160 AD2d745, 746 [1990]). There was nothing in the defendant's plea allocution in this case that wouldtrigger a duty on the part of the court to inquire into a potential affirmative defense based onmental defect or disease (see People vColemanorange, 151 AD3d 738, 739 [2017]; People v Thomas, 139 AD3d 986, 986 [2016]).
The defendant's contention that he was tricked by the prosecutor into pleading guilty is alsounpreserved for appellate review, since no objection was made on this ground (see People v DiValentino, 154 AD3d872, 873 [2017]). Further, the argument is not reviewable on direct appeal, as it is largelybased on matters de hors the record (seePeople v Reeves, 180 AD3d 936, 938 [2020]).
The defendant's remaining contention is without merit. Mastro, A.P.J., Rivera, Miller andDuffy, JJ., concur.