PEOPLE v. TAYLOR (2025)

Judgment, Supreme Court, New York County (Diane Kiesel, J.), rendered May 17, 2022, convicting defendant, upon her plea of guilty, of robbery in the third degree, and sentencing her to three years of probation, unanimously affirmed.

Defendant's challenge to the validity of her plea is unpreserved because she did not move to withdraw her plea or vacate her conviction (see People v. Williams, 27 N.Y.3d 212, 214, 32 N.Y.S.3d 17, 51 N.E.3d 528 [2016]).  The narrow exception to the preservation requirement does not apply, as defendant had the practical ability to object to the alleged insufficiency of the colloquy and to seek relief from the sentencing court (see People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013], cert denied sub nom.  Thomas v. New York, 574 U.S. 840, 135 S.Ct. 90, 190 L.Ed.2d 75 [2014];  People v. Conceicao, 26 N.Y.3d 375, 381–382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015]).  We decline to review this claim in the interest of justice (see People v. Jackson, 123 A.D.3d 634, 634–635, 999 N.Y.S.2d 73 [1st Dept. 2014], lv denied 25 N.Y.3d 1202, 16 N.Y.S.3d 525, 37 N.E.3d 1168 [2015]).  As an alternative holding, we reject it on the merits (see generally People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013];  People v. Harris, 61 N.Y.2d 9, 16, 19, 471 N.Y.S.2d 61, 459 N.E.2d 170 [1983]).