People v. Faircloth

Summary

The Appellate Division, Second Department affirmed a judgment convicting Messiah Faircloth of attempted assault in the first degree following his guilty plea. The court held that the defendant's challenge to the plea was unpreserved and, in any event, that the record demonstrated the plea was knowing, voluntary, and intelligent.

Holdings

1. A defendant's contention that a guilty plea was not knowing, voluntary, and intelligent is unpreserved for appellate review when the defendant did not move to withdraw the plea or otherwise raise the issue in the trial court.
2. The exception to the preservation requirement does not apply when the plea allocution does not cast significant doubt on the defendant's guilt, negate an essential element of the offense, or call the voluntariness of the plea into question.
3. The record demonstrated that the defendant's guilty plea was knowing, voluntary, and intelligent.

Questions Presented

1. Whether the defendant's challenge to the knowing, voluntary, and intelligent nature of his guilty plea was preserved for appellate review.
2. Whether an exception to New York's preservation requirement applied based on the defendant's plea allocution.
3. Whether the record established that the defendant's guilty plea was knowing, voluntary, and intelligent.

Disposition

affirmed