15 A.D.3d 315 789 N.Y.S.2d 882

The People of the State of New York, Respondent, v Ramon Reyes Munoz, Appellant.

[789 NYS2d 882]

Judgment, Supreme Court, New York County (Rena K. Uviller, J.), rendered April 16, 2003, convicting defendant, upon his *316plea of guilty, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of three years to life, unanimously affirmed.

Defendant’s unpreserved challenge to the validity of his plea does not come within the narrow exception to the preservation requirement (see People v Toxey, 86 NY2d 725 [1995]; People v Lopez, 71 NY2d 662 [1988]), and we decline to review it in the interest of justice. Were we to reach this claim in the interest of justice, we would find that the record establishes the voluntariness of the plea and that there was nothing in defendant’s factual allocution that cast doubt on his guilt. The court sufficiently explained the elements of the crime to which defendant pleaded guilty, and his guilt could be readily inferred from bis allocution (see People v McGowen, 42 NY2d 905 [1977]). Concur — Mazzarelli, J.E, Sullivan, Ellerin, Nardelli and Williams, JJ.

People v. Munoz
15 A.D.3d 315 789 N.Y.S.2d 882

Case Details

Name
People v. Munoz
Decision Date
Feb 24, 2005
Citations

15 A.D.3d 315

789 N.Y.S.2d 882

Jurisdiction
New York

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