PEOPLE v. DOZIER (2024)

Judgment, Supreme Court, New York County (Curtis J. Farber, J.), rendered June 19, 2019, convicting defendant, upon his plea of guilty, of rape in the first degree, and sentencing him, as a second felony offender, to a term of 12 years, unanimously reversed, on the law, the plea vacated, and the matter remanded for further proceedings.

The narrow exception to the preservation requirement applies in this “rare case” where defendant made statements that cast doubt upon his guilt and the court failed to satisfy its duty of inquiring further to ensure that defendant's plea was knowing and voluntary (People v. Lopez, 71 N.Y.2d 662, 666 [1988]).  Although defendant's statements at sentencing raised a possible intoxication defense, the court did not make any inquiry regarding the statements or the applicability of the defense.  The court's failure to ensure that defendant understood the defense and was waiving his right to pursue it at trial requires vacatur of the plea (see People v. Muniz–Cayetano, 186 AD3d 1169, 1171–1172 [1st Dept 2020], lv denied 36 NY3d 1052 [2021]).