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Appellate Term, First Department: December 18, 2019

Appellate Term, First Department: December 18, 2019

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By: Shulman, P.J., Edmead, JJ. 14-107. THE PEOPLE OF THE STATE OF NEW YORK, res, v. DELORES GRAHAM, def-app — Judgment of conviction (Alexander M. Tisch, J., at plea; Tamiko A. Amaker, J., at sentencing), rendered May 24, 2013, affirmed. The renewed application by appellant’s counsel to withdraw as counsel is granted (see Anders v. California, 386 US 738 [1967]; People v. Saunders, 52 AD2d 833 [1976]). We are satisfied with the sufficiency of the brief filed by defendant’s assigned counsel in accordance with our prior order and, upon an independent review of the record, agree that there is no valid appealable issue which could be raised on appeal. THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

By: Shulman, P.J., Edmead, JJ. 14-162. THE PEOPLE OF THE STATE OF NEW YORK, res, v. ALEJANDRO YUPA-PAUCAR, def-app — Judgment of conviction (Melissa A. Crane, J. at plea; Steven M. Statsinger, J. at sentencing), rendered July 16, 2013, affirmed. Defendant had the practical ability to withdraw his plea before sentencing, and his challenges to the validity of his plea do not come within the narrow exception to the preservation requirement (see People v. Conceicao, 26 NY3d 375, 381-382 [2015]; People v. Santos, 140 AD3d 499 [2016], lv denied 28 NY3d 1031 [2016]). We decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that the plea was knowing, intelligent and voluntary, despite the absence of a full enumeration of all the rights waived (see People v. Sougou, 26 NY3d 1052, 1054 [2015]; People v. Simmons, 138 AD3d 520 [2016], lv denied 27 NY3d 1139 [2016]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

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