X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Frank H. Hiscock Legal Aid Society, Syracuse (Sara A. Goldfarb of Counsel), for Defendant-Appellant. Johnny Boyd, Defendant-Appellant Pro Se. William J. Fitzpatrick, District Attorney, Syracuse (Bradley W. Oastler of Counsel), for Respondent. Appeal from a judgment of the Onondaga County Court (Stephen J. Dougherty, J.), rendered August 5, 2021. The judgment convicted defendant upon his plea of guilty of failure to register or verify status as a sex offender. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: In appeal No. 1, defendant appeals from a judgment convicting him upon his plea of guilty of failure to register or verify his status as a sex offender by failing to personally appear for an updated photograph (Correction Law § 168-f [2] [b-2]). In appeal No. 2, defendant appeals from a judgment that, upon his admission to violating conditions of probation, revoked the sentence of probation imposed on his prior conviction of failure to register or verify his status as a sex offender by failing to register a change of address (§ 168-f [4]). In appeal No. 3, defendant appeals from a judgment convicting him upon his guilty plea of failure to register or verify his status as a sex offender by failing to verify his address with law enforcement (§ 168-f [3]). In appeal Nos. 1 and 3, defendant contends in his main and pro se supplemental briefs that his respective guilty pleas were not knowing, voluntary and intelligent and, in appeal No. 2, defendant contends in his main brief that his admission to a violation of probation was not knowing, voluntary and intelligent. In his main brief, defendant concedes in each of the appeals that he failed to preserve for our review his contention that the guilty pleas and admission were not knowing, voluntary or intelligent ” ‘inasmuch as [he] failed to move to withdraw [his] [pleas or] admission on that ground’ ” or to vacate the judgments (People v. Derrell A.E., 128 AD3d 1536, 1536 [4th Dept 2015], lv denied 26 NY3d 928 [2015]; see generally People v. Lopez, 71 NY2d 662, 665 [1988]). Moreover, none of these cases fall within the narrow exception to the preservation requirement (see Lopez, 71 NY2d at 666), and we decline to exercise our power to review defendant’s contentions as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]). In view of our determination to affirm the judgment in appeal No. 1, we reject defendant’s contention in his main brief that the judgment in appeal No. 3 must be reversed on the ground that he pleaded guilty in appeal No. 3 based on the promised sentence in appeal No. 1 (see generally People v. Collins, 167 AD3d 1493, 1498-1499 [4th Dept 2018], lv denied 32 NY3d 1202 [2019]; People v. Roig, 117 AD3d 1462, 1463 [4th Dept 2014], lv denied 23 NY3d 1042 [2014]).

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
October 24, 2024
Georgetown, Washington D.C.

The National Law Journal honors attorneys & judges who've made a remarkable difference in the legal profession in the D.C. area.


Learn More
October 29, 2024
East Brunswick, NJ

New Jersey Law Journal honors lawyers leaving a mark on the legal community in New Jersey with their dedication to the profession.


Learn More
November 07, 2024
Orlando, FL

This event shines a spotlight on the individuals, teams, projects and organizations that are changing the financial industry.


Learn More

With bold growth in recent years, Fox Rothschild brings together 1,000 attorneys coast to coast. We offer the reach and resources of a natio...


Apply Now ›

About Us:Monjur.com is a leading provider of contracts-as-a-service for managed service providers, offering tailored solutions to streamline...


Apply Now ›

Dynamic Boutique law firm with offices in NYC, Westchester County and Dutchess County, is seeking a mid level litigation associate to work ...


Apply Now ›