PEOPLE v. BUCHANAN (2025)

Judgments, Supreme Court, Bronx County (Nicholas Iacovetta, J.), rendered July 9, 2019, convicting defendant, upon his guilty pleas, of robbery in the third degree and petit larceny under indictment No. 509/18, robbery in the third degree and petit larceny under indictment No. 1100/18, and attempted assault in the second degree and assault in the third degree under indictment No. No. 247/19, and sentencing him, as a second felony offender, to an aggregate terms of 2 to 4 years, unanimously affirmed.

While defendant's waiver of the right to appeal is not an impediment to review of his claim that his third guilty plea was involuntary, and rendered his three pleas invalid (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 [1989]), the claim is unpreserved and we decline to review it in the interest of justice (see People v. Byrne, 37 A.D.3d 179, 180, 829 N.Y.S.2d 75 [1st Dept. 2007]).  As an alternative holding, we find that each of defendant's guilty pleas was entered voluntarily, knowingly, and intelligently (see People v. Conceicao, 26 N.Y.3d 375, 382–383, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015]).