Summary
The New York Supreme Court, Appellate Division, Second Department, affirmed a judgment convicting Faddy I. Kiriakos of criminal mischief in the fourth degree and resisting arrest following his guilty plea. The court held that his challenge to the validity of the plea was unpreserved and, in any event, that the record demonstrated the plea was entered intelligently, knowingly, and voluntarily.
Topics
Practice areas
Questions Presented
- Whether defendant preserved his challenge to the validity of his guilty plea for appellate review.
- Whether, notwithstanding the lack of preservation, the record demonstrated that defendant entered his guilty plea intelligently, knowingly, and voluntarily.
Holdings
- A defendant's challenge to the validity of a guilty plea is unpreserved for appellate review when the defendant neither moves to withdraw the plea nor otherwise objects to its entry before sentencing.
- The record as a whole demonstrated that defendant entered his guilty plea intelligently, knowingly, and voluntarily.
Key quotations
“In any event, the record as a whole demonstrates that the defendant entered his plea intelligently, knowingly, and voluntarily” ([*1])
Factual background
Defendant pleaded guilty to criminal mischief in the fourth degree and resisting arrest. He did not move to withdraw his plea or otherwise object to its entry before the County Court imposed sentence.
Procedural history
The County Court, Westchester County, rendered judgment on April 8, 2019, after defendant pleaded guilty to criminal mischief in the fourth degree and resisting arrest. Defendant appealed, challenging the validity of his guilty plea. The Appellate Division affirmed.