| People v Dowett (Anthony) |
| 2008 NY Slip Op 51264(U) [20 Misc 3d 127(A)] |
| Decided on June 25, 2008 |
| Appellate Term, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and will not be published in the printed Official Reports. |
Defendant appeals from a judgment of the Criminal
Court of the City of New York, Bronx County (George Villegas, J.), rendered April 5,
2007, convicting him, upon a plea of guilty, of violating Tax Law § 1814(a)(1), and
imposing sentence.
PER CURIAM.
Judgment of conviction (George Villegas, J.), rendered April 5, 2007, affirmed.
Since defendant did not move to withdraw his guilty plea, and since this case does not come within the narrow exception to the preservation requirement (see People v Lopez, 71 NY2d 662 [1988]), his challenge to the validity of the plea is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. There is no "uniform mandatory catechism of pleading defendants," only that it be demonstrated that the plea was voluntary, knowing and intelligent (see People v Nixon, 21 NY2d 338, 353 [1967], cert denied sub nom Robinson v New York, 393 US 1067 [1969]), which is shown by a review of the record herein.
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: June 25, 2008