People v. Adams

2023 NY Slip Op 05509

The People of the State of New York, respondent, v. Evan DeYoung Adams, appellant. (Ind. Nos. 407/19, 791/19; S.C.I. No. 811/19)

Nos. 2020-01046, 2020-01047, 2020-01048

Supreme Court of New York, Second Department

November 1, 2023

Steven A. Feldman, Manhasset, NY, for appellant.

Miriam E. Rocah, District Attorney, White Plains, NY (Jill Oziemblewski and Raffaelina Gianfrancesco of counsel), for respondent.

FRANCESCA E. CONNOLLY, J.P., ANGELA G. IANNACCI, PAUL WOOTEN, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeals by the defendant from three judgments of the Supreme Court, Westchester County (Barry E. Warhit, J.), each rendered November 21, 2019, convicting him, upon his pleas of guilty, of attempted criminal possession of a weapon in the second degree under Indictment No. 407/19, criminal possession of a weapon in the second degree under Indictment No. 791/19, and attempted criminal possession of a weapon in the second degree under Superior Court Information No. 811/19, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant contends that his pleas of guilty were invalid because of the Supreme Court's involvement in eliciting the defendant's purported waivers of his right to appeal and its failure to advise him of his Boykin rights (see Boykin v Alabama, 395 U.S. 238) until after he admitted his guilt. These contentions are unpreserved for appellate review because the defendant did not move to vacate his pleas or otherwise raise these issues before the court (see People v Clarke, 93 N.Y.2d 904, 905; People v Ormsby, 207 A.D.3d 573, 573; People v Deleon, 204 A.D.3d 830; People v Morales, 202 A.D.3d 997). In any event, the contentions are without merit. The court's involvement in eliciting from the defendant purported waivers of his right to appeal did not affect the knowing, voluntary, and intelligent nature of his pleas of guilty (see People v Smith, 210 A.D.3d 807, 807; People v Ormsby, 207 A.D.3d at 573). Further, the defendant's waiver of his Boykin rights occurred before the pleas were accepted and before the defendant admitted to the facts of the crimes (see People v Gayle, __ A.D.3d __, 2023 NY Slip Op 04600 [2d Dept]; People v Lamery, 193 A.D.3d 977, 978).

CONNOLLY, J.P., IANNACCI, WOOTEN and FORD, JJ., concur.