| People v Scaringi (Rocco) |
| 2009 NY Slip Op 51061(U) [23 Misc 3d 142(A)] |
| Decided on May 29, 2009 |
| 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| This opinion is uncorrected and will not be published in the printed Official Reports. |
In consolidated criminal actions, defendant appeals from a judgment of the Criminal Court
of the City of New York, New York County (Patricia M. Nunez, J.), rendered December 5, 2006,
convicting him, upon a plea of guilty, of assault in the third degree and criminal contempt in the
second degree, and imposing sentence.
Per Curiam.
Judgment of conviction (Patricia M. Nunez, J.), rendered December 5, 2006, affirmed.
Defendant's unpreserved challenge to the validity of his plea allocution does not come within the narrow exception to the preservation requirement (see People v Toxey, 86 NY2d 725, 726 [1995]), and we decline to review it in the interest of justice. As an alternative holding, we also reject it on the merits. The record establishes the voluntariness of the plea and that there was nothing in defendant's factual allocution that cast doubt on his guilt.
We have considered and rejected defendant's challenge to the jurisdictional sufficiency of the prosecutor's information (see People v Inserra, 4 NY3d 30 [2004]).
THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur
[*2]
Decision Date: May 29, 2009