People v. Hillaire

Summary

The Appellate Division, First Department unanimously affirmed Travain Hillaire's conviction and seven-year sentence for criminal possession of a weapon in the second degree. The court held that Hillaire's challenge to the voluntariness of his guilty plea was unpreserved and, alternatively, rejected it on the merits, finding that the confidential informant was relevant to probable cause but not trial issues and that probable cause was independently supported by police observation of the firearm.

Holdings

1. A defendant who neither moves to withdraw the guilty plea nor articulates the alleged error before the trial court has not preserved a claim that the plea was rendered involuntary by alleged misinformation.
2. The narrow exception to the preservation requirement did not apply, and the court declined to review the unpreserved claim in the interest of justice.
3. The court and counsel correctly informed defendant that the confidential informant was relevant to the probable-cause determination but not to trial issues under the circumstances presented.
4. The sealed Darden hearing established probable cause because the confidential informant existed, was reliable, and had an ample basis for knowledge; independently, officers' observation of the firearm on defendant's lap supplied an additional basis for probable cause.

Questions Presented

1. Whether defendant preserved his claim that his guilty plea was involuntary because the court and counsel allegedly misinformed him about the confidential informant's relevance and possible cross-examination.
2. Whether the unpreserved plea claim fell within the narrow exception to New York's preservation requirement or warranted interest-of-justice review.
3. Whether the court and counsel correctly explained that the confidential informant was relevant to probable cause but not to trial issues, and whether the Darden hearing established a sufficient basis for probable cause.

Disposition

affirmed