PEOPLE v. PORTER (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Angelo A. Delligatti, J.), rendered May 24, 2021, convicting him of assault in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's claim that he did not knowingly, intelligently, and voluntarily consent to virtual proceedings is unpreserved for appellate review (see People v. Argueta, 233 A.D.3d 703, 703, 221 N.Y.S.3d 229;  People v. Bonilla, 219 A.D.3d 1094, 1095, 196 N.Y.S.3d 579).  In any event, this contention is without merit, as the Supreme Court sufficiently obtained the defendant's consent to the virtual proceedings on the record.

Contrary to the defendant's contention, “where, as here, the defendant's waiver of indictment satisfied all of the requirements of the New York Constitution and CPL article 195, the waiver of indictment was valid” (People v. Yunga, 122 A.D.3d 951, 951, 997 N.Y.S.2d 470 [internal quotation marks omitted];  see People v. Myers, 32 N.Y.3d 18, 22, 84 N.Y.S.3d 406, 109 N.E.3d 555).

The defendant's contention that his plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review, as he did not move to withdraw his plea or otherwise raise the issue before the Supreme Court (see People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617;  People v. Brown, 170 A.D.3d 878, 879, 96 N.Y.S.3d 110), and an exception to the preservation rule is inapplicable in this case (see People v. Anderson, 223 A.D.3d 912, 202 N.Y.S.3d 458;  People v. Kaye, 190 A.D.3d 767, 768, 135 N.Y.S.3d 854).  In any event, the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered.

DILLON, J.P., CHAMBERS, WAN and MCCORMACK, JJ., concur.