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The PEOPLE, etc., respondent, v. Clarence MAPLES, appellant.
DECISION & ORDER
Appeals by the defendant from two judgments of the Supreme Court, Kings County (William Harrington, J., at pleas; Dineen A. Riviezzo, J., at sentences), both rendered July 20, 2021, convicting him of robbery in the third degree (two counts) under Indictment No. 5194/19, and robbery in the third degree under Superior Court Information No. 2221/20, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The defendant's contention that his pleas of guilty were not knowing, voluntary, and intelligent is unpreserved for appellate review, as he did not move to withdraw his pleas or otherwise raise the issue before the Supreme Court (see People v. Gaston, 219 A.D.3d 626, 627, 193 N.Y.S.3d 319). In any event, the record demonstrates that the defendant's pleas of guilty were knowingly, voluntarily, and intelligently entered. “[T]he court generally has no obligation to apprise the defendant of the collateral consequences of the plea,” including loss of the right to vote (People v. Peque, 22 N.Y.3d 168, 184, 980 N.Y.S.2d 280, 3 N.E.3d 617). In addition, “the chronology in which the court conducted the plea allocution does not render [the defendant's] plea invalid” (People v. Pray, 183 A.D.3d 842, 842, 124 N.Y.S.3d 59; see People v. Martinez, 159 A.D.3d 836, 836–837, 69 N.Y.S.3d 820). Further, “the defendant's waiver of his Boykin rights occurred before the pleas were accepted” (People v. Adams, 221 A.D.3d 610, 611, 197 N.Y.S.3d 337; see People v. Lamery, 193 A.D.3d 977, 978, 142 N.Y.S.3d 851).
GENOVESI, J.P., BRATHWAITE NELSON, VENTURA and MCCORMACK, JJ., concur.
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Docket No: 2021-05510, 2021-05511, (Ind. No. 5194 /19; S.C.I. No. 2221 /20)
Decided: February 13, 2025
Court: Supreme Court, Appellate Division, Second Department, New York.
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