People v. Lowman

Summary

The Appellate Division, First Department unanimously affirmed Benjamin Lowman's conviction and sentence for aggravated driving while intoxicated as a felony. The court held that his challenge to the plea allocution and the lack of arraignment on the special information was unpreserved, declined interest-of-justice review, and alternatively rejected the challenge on the merits.

Holdings

1. Defendant's contention that his guilty plea was invalid because the court failed to address the predicate conviction and failed to arraign him on the special information was unpreserved, and the court declined to review it in the interest of justice.
2. The guilty plea was knowing, intelligent, and voluntary even though the court did not address defendant's predicate offense during the plea colloquy.
3. The trial court was not required to arraign defendant on the special information because CPL 200.60(3) is, by its terms, inapplicable in the context of a guilty plea.

Questions Presented

1. Whether defendant's challenge to the validity of his guilty plea was preserved where the trial court did not allocute him on the predicate conviction or arraign him on the special information.
2. Whether the guilty plea was invalid because the court did not address the predicate conviction during the plea colloquy.
3. Whether the trial court was required to arraign defendant on the special information in the context of a guilty plea.

Disposition

affirmed