Summary
This is a 2025 decision by the New York Supreme Court, Appellate Division, Second Department, affirming a County Court judgment convicting the defendant of attempted murder in the second degree based on a guilty plea. The court held that the defendant's claim that his plea was not knowing, intelligent, and voluntary was unpreserved for appellate review because he failed to move to withdraw the plea or raise the issue in the lower court. Applying the exception to the preservation requirement, the court found the statements did not cast significant doubt on guilt or negate an essential element of the crime. Ultimately, the record supported that the guilty plea was entered knowingly, voluntarily, and intelligently.
Topics
Practice areas
Questions Presented
- Whether the appellant’s claim that his guilty plea was not knowing, intelligent, and voluntary was preserved for appellate review.
Holdings
- The claim was not preserved because the appellant did not move to withdraw his plea or otherwise raise the issue before the County Court; therefore the judgment is affirmed.
Key quotations
“The defendant's contention that his plea of guilty was not knowing, intelligent, and voluntary is unpreserved for appellate review, as he did not move to withdraw his plea or otherwise raise the issue before the County Court.” (at 1)
Factual background
Brandyn Johnston pleaded guilty to attempted murder in the second degree in Rockland County County Court. The court entered a judgment of conviction and sentence on May 15, 2018. Johnston later appealed, claiming his plea was not knowing, intelligent, and voluntary.
Procedural history
The County Court, Rockland County entered a judgment on May 15, 2018 convicting Brandyn Johnston of attempted murder in the second degree after he entered a guilty plea. Johnston appealed, asserting that his plea was not knowing, intelligent, and voluntary.