The People of the State of New York, Ind. / Respondent, v. Juel Roundtree, Defendant–Appellant. (2018)

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Judgment, Supreme Court, New York County (Melissa C. Jackson, J.), rendered February 24, 2014, convicting defendant, upon his plea of guilty, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony drug offender, to a term of one year, unanimously affirmed.

Defendant's challenge to the voluntariness of his plea does not come within the narrow exception to the preservation requirement set forth in People v. Lopez (71 N.Y.2d 662, 665–666 [1988] ), and we decline to review this unpreserved claim in the interest of justice.  As an alternative holding, we reject it on the merits.  The plea allocution establishes the voluntariness of the plea and contains nothing that casts any doubt on defendant's guilt (see People v. Toxey, 86 N.Y.2d 725 [1995] ).  When defendant made a remark that could be viewed as negating an element of the crime, the court asked a clarifying question, and defendant's response established the validity of the plea.

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CLERK