PEOPLE v. TAVARES (2024)

Judgment, Supreme Court, Bronx County (Ralph A. Fabrizio, J.), rendered January 13, 2023, convicting defendant, upon his plea of guilty, of manslaughter in the first degree, and sentencing him to a term of 15 years, unanimously affirmed.

Defendant's challenge to the validity of his plea is unpreserved, and the narrow exception to the preservation requirement does not apply (People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988]).  We decline to address the unpreserved claim in the interest of justice.  As an alternative holding, we find that the statements relied on by defendant in arguing that his plea was not knowing, voluntary, or intelligent did not “clearly cast[ ] significant doubt” upon his guilt so as to trigger the court's duty to inquire further (see id.).  The court nevertheless took adequate steps to ensure that the plea was knowing and voluntary by confirming that defendant had seen the video evidence establishing his participation in the crime, reminding defendant of his right to proceed to trial if he were not guilty, affording defendant ample opportunity to confer with counsel, and eliciting from defendant his assurance that he was pleading guilty voluntarily.  The remaining purported deficiencies cited by defendant did not invalidate the plea.

Defendant's valid waiver of his right to appeal (see generally People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019], cert denied 589 U.S. ––––, 140 S.Ct. 2634, 206 L.Ed.2d 512 [2020]), forecloses review of his excessive sentence claim.  In any event, we perceive no basis for reducing the sentence.