PEOPLE v. MCCLENIC (2025)

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Nassau County (Howard E. Sturim, J.), both rendered October 15, 2024, convicting him of criminal possession of a weapon in the second degree under Indictment No. 71949/22, and attempted murder in the second degree (two counts) under Indictment No. 72659/23, 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, intelligent, and voluntary in light of, inter alia, the United States Supreme Court's decision in Erlinger v. United States, 602 U.S. 821, 144 S.Ct. 1840, 219 L.Ed.2d 451 is unpreserved for appellate review, as he did not move to withdraw his pleas or otherwise raise the issue before the County Court (see People v. Munoz, 237 A.D.3d 1110, 1111, 230 N.Y.S.3d 414;  People v. Mujica, 236 A.D.3d 677, 677, 227 N.Y.S.3d 729).  An exception to the preservation requirement does not apply here because the defendant's allocution did not cast significant doubt on his guilt, negate an essential element of the crimes, or call into question the voluntariness of his pleas (see People v. Gioia, 240 A.D.3d 511, 234 N.Y.S.3d 310;  People v. Mujica, 236 A.D.3d at 677, 227 N.Y.S.3d 729).

GENOVESI, J.P., MILLER, VENTURA and LOVE, JJ., concur.