People v Rodriguez
2025 NYSlipOp 01739 [236 AD3d 1468]
March 21, 2025
Appellate Division, Fourth Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 7, 2025


[*1]
 The People of the State of New York, Respondent,
v
Shyheim Rodriguez, Appellant.

Michael J. Stachowski, P.C., Buffalo (Michael J. Stachowski of counsel), for defendant-appellant.

Michael J. Keane, Acting District Attorney, Buffalo (April J. Orlowski of counsel), for respondent.

Appeal from a judgment of the Erie County Court (Suzanne Maxwell Barnes, J.), rendered August 31, 2023. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]), defendant contends that his plea was involuntary because County Court did not advise him during the plea colloquy that he would be forfeiting his right against self-incrimination by pleading guilty. Defendant "failed to preserve that contention for our review because . . . he failed to move to withdraw the plea or to vacate the judgment of conviction" (People v Yanga, 213 AD3d 1276, 1277 [4th Dept 2023], lv denied 40 NY3d 932 [2023] [internal quotation marks omitted]; see People v Martin, 222 AD3d 1414, 1415 [4th Dept 2023], lv denied 41 NY3d 966 [2024]; People v Ramos-Perez, 188 AD3d 1741, 1742 [4th Dept 2020], lv denied 36 NY3d 1099 [2021]). In any event, defendant's contention is without merit. After reviewing the record as a whole and the circumstances of the plea in its totality, we conclude that the plea was knowing, intelligent, and voluntary (see Yanga, 213 AD3d at 1277; People v Barnes, 206 AD3d 1713, 1714-1715 [4th Dept 2022], lv denied 38 NY3d 1132 [2022]). Present—Curran, J.P., Montour, Smith, DelConte and Hannah, JJ.