PEOPLE v. PHILLIPS (2025)

Judgment, Supreme Court, Bronx County (Steven Hornstein, J.), rendered January 17, 2020, convicting defendant, upon her plea of guilty, of assault in the second degree, and sentencing her to a term of two years, unanimously affirmed.

Defendant's challenges to the validity of her plea are unpreserved, and we decline to review them in the interest of justice.  Defendant had a practical ability to raise these claims by moving to withdraw the plea, but she did not do so, and the narrow exception to the preservation requirement does not apply (see People v. Conceicao, 26 N.Y.3d 375, 381–382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015];  People v. Peque, 22 N.Y.3d 168, 182–183, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013]).

As an alternative holding, we find that the “totality of the circumstances” indicates that the plea was entered into knowingly, intelligently, and voluntarily (People v. Sosa, 28 N.Y.3d 965, 966, 38 N.Y.S.3d 834, 60 N.E.3d 1200 [2016];  see Conceicao, 26 N.Y.3d at 382–383, 23 N.Y.S.3d 124, 44 N.E.3d 199).  Although “[i]t would have been better practice for the court to discuss with defendant the trial rights that [she] was giving up ․ before obtaining an admission of guilt” (People v. Williams, 227 A.D.3d 480, 481, 211 N.Y.S.3d 48 [1st Dept. 2024], lv denied 42 N.Y.3d 1022, 221 N.Y.S.3d 484, 246 N.E.3d 927 [2024]), there is no “particular litany” or “uniform mandatory catechism” required (Conceicao, 26 N.Y.3d at 382, 23 N.Y.S.3d 124, 44 N.E.3d 199).  Here, defendant was sufficiently apprised of the constitutional rights she was forfeiting by pleading guilty, notwithstanding that the appraisal occurred after the court elicited admissions of fact and guilt from defendant.  The validity of the plea is further supported by the fact that defendant was represented by competent counsel, with whom defendant had consulted about the constitutional consequences of her guilty plea before taking the plea, and by the favorable plea bargain that defendant received (see Sosa, 28 N.Y.3d at 966, 38 N.Y.S.3d 834, 60 N.E.3d 1200;  Conceicao, 26 N.Y.3d at 383, 23 N.Y.S.3d 124, 44 N.E.3d 199;  People v. Rojas, 227 A.D.3d 415, 415, 209 N.Y.S.3d 392 [1st Dept. 2024], lv denied 42 N.Y.3d 929, 216 N.Y.S.3d 119, 240 N.E.3d 838 [2024]).