PEOPLE v. JACKSON (2023)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Lesley JACKSON, Defendant–Appellant.

894 Decided: October 24, 2023

Kern, J.P., Singh, Gesmer, Scarpulla, O'Neill Levy, JJ.

Twyla Carter, The Legal Aid Society, New York (Rachel L. Pecker of counsel), for appellant. Alvin L. Bragg, Jr., District Attorney, New York (Jaime Masten of counsel), for respondent.

Judgment, Supreme Court, New York County (Neil E. Ross, J), rendered May 9, 2016, convicting defendant, upon her plea of guilty, of criminal sale of a controlled substance in the fifth degree, and sentencing her to five years' probation, unanimously affirmed.

Defendant's challenge to the voluntariness of her plea is unpreserved (see People v. Conceicao, 26 N.Y.3d 375, 381–382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015]), and we decline to review it in the interest of justice. As an alternative holding, we find that the record as a whole establishes that the plea was knowingly, intelligently, and voluntarily made, notwithstanding any deficiencies in the plea colloquy, including the lack of reference to the right to remain silent or the right to a “jury” trial (People v. Ayala, 156 A.D.3d 547, 65 N.Y.S.3d 693 [1st Dept. 2017]; People v. Walker, 151 A.D.3d 569, 54 N.Y.S.3d 282 [1st Dept. 2017]; People v. Terrell, 134 A.D.3d 651, 652, 21 N.Y.S.3d 619 [1st Dept. 2015], lv denied 27 N.Y.3d 1075, 38 N.Y.S.3d 846, 60 N.E.3d 1212 [2016]).

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