PEOPLE v. GRANTON (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Robert A. Schwartz, J.), rendered April 30, 2025, convicting him of attempted burglary in the second degree, attempted burglary in the third degree, criminal trespass in the third degree, possession of burglar's tools, and criminal mischief in the fourth degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowingly, voluntarily, and intelligently entered is unpreserved for appellate review because he did not move to withdraw his plea or otherwise raise the issue before the County Court (see People v. Ferrara, 243 A.D.3d 921, 921, 246 N.Y.S.3d 251;  People v. Ponce, 232 A.D.3d 741, 741, 221 N.Y.S.3d 659).  Moreover, the exception to the preservation requirement does not apply here because the defendant's plea allocution did not cast significant doubt upon his guilt, negate an essential element of the crimes, or call into question the voluntariness of the plea (see People v. Ponce, 232 A.D.3d at 741, 221 N.Y.S.3d 659;  People v. Bermudez–Cedillos, 228 A.D.3d 681, 682, 212 N.Y.S.3d 714).

In any event, the record establishes that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entered (see People v. Pil–Yong Yoo, 208 A.D.3d 1257, 1258, 174 N.Y.S.3d 274).  The defendant was adequately advised of the constitutional rights he was forfeiting by pleading guilty (see Boykin v. Alabama, 395 U.S. 238, 243, 89 S.Ct. 1709, 23 L.Ed.2d 274), and the record affirmatively demonstrates the defendant's understanding and waiver of these rights (see People v. Mujica, 236 A.D.3d 677, 677, 227 N.Y.S.3d 729;  People v. Perrella, 188 A.D.3d 1263, 1264, 132 N.Y.S.3d 800).  Additionally, contrary to the defendant's contention, the County Court was not required to advise him of the collateral consequences resulting from his guilty plea (see People v. Mujica, 236 A.D.3d at 677–678, 227 N.Y.S.3d 729;  People v. Taylor, 60 A.D.3d 708, 709, 874 N.Y.S.2d 531).

CHAMBERS, J.P., WARHIT, LOVE and QUIRK, JJ., concur.