Summary
This Appellate Division decision affirms the defendant’s conviction for promoting prison contraband in the second degree following a guilty plea. The court held that the defendant failed to preserve his claim that the plea was not knowing, voluntary, and intelligent because he did not move to withdraw it or raise the issue in the lower court. Additionally, the record affirmatively demonstrates that the plea was properly entered, rendering the defendant’s arguments on appeal waiver academic.
Topics
Practice areas
Questions Presented
- Whether the defendant preserved for appellate review his claim that his guilty plea was not knowing, voluntary, and intelligent.
Holdings
- The judgment is affirmed because the defendant failed to preserve the issue for appellate review and the record demonstrates the plea was knowingly, voluntarily, and intelligently entered.
Key quotations
“The defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, and intelligent, since he did not move to withdraw his plea on this ground or otherwise raise this issue before the County Court (see CPL 470.05[2]; People v. Abbott, 203 AD3d 840, 841).”
Factual background
James Wilson pleaded guilty to second‑degree promotion of prison contraband in Nassau County. The County Court entered a judgment and sentence. Wilson later appealed, claiming his plea was not knowing, voluntary, or intelligent.
Procedural history
The County Court sentenced Wilson after a guilty plea. Wilson appealed, asserting his plea was not knowing, voluntary, or intelligent, but raised no issue on the record.