THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DANIELLE RAY DEFENDANT APPELLANT (2026)

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting her upon her plea of guilty of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [12]), defendant contends that her plea was not voluntarily, knowingly, and intelligently entered. Inasmuch as defendant's challenge to the voluntariness of the plea would survive even a valid waiver of the right to appeal, there is no need to address defendant's challenge to the validity of the waiver (see People v Martin, 222 AD3d 1414, 1415 [4th Dept 2023], lv denied 41 NY3d 966 [2024]; People v Barnes, 206 AD3d 1713, 1714 [4th Dept 2022], lv denied 38 NY3d 1132 [2022]). Defendant, however, did not move to withdraw the plea or to vacate the judgment of conviction, and therefore failed to preserve her challenge to the voluntariness of the plea for our review (see People v Zukic, 240 AD3d 1192, 1194 [4th Dept 2025], lv denied 44 NY3d 995 [2025]; People v Evancho, 236 AD3d 1470, 1470-1471 [4th Dept 2025], lv denied 43 NY3d 1045 [2025]). We decline to exercise our power to review defendant's contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court