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THE PEOPLE, res, v. JOHN ETIENNE, def-app

570429/13. THE PEOPLE, res, v. JOHN ETIENNE, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Joanne D. Quinones, J. at plea; Steven M. Statsinger, J. at sentencing), rendered April 10, 2013, affirmed.

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570429/13. THE PEOPLE, res, v. JOHN ETIENNE, def-app — Ordered that the motion is granted to the extent of granting appellant leave to appeal as a poor person. Seymour W. James, Jr., Esq., of the Legal Aid Society, Criminal Appeals Bureau (199 Water Street, 3rd Floor, NY, NY 10038, tel# 212 577-3688) is assigned as counsel for the appellant to prosecute the appeal and to serve without compensation. So Order — Judgment of conviction (Joanne D. Quinones, J. at plea; Steven M. Statsinger, J. at sentencing), rendered April 10, 2013, affirmed.

Defendant’s argument that his guilty plea was invalid because the court failed to advise him of all of his constitutional rights under Boykin v. Alabama, 395 US 238 (1969) is unpreserved, since he failed to raise the issue prior to sentencing (see People v. Jackson, 123 AD3d 634 [2014]). Furthermore, the narrow exception to the preservation rule is inapplicable here, since the defendant’s plea allocution did not cast significant doubt upon his guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (People v. Tyrell, 22 NY3d 359, 364 [2013]; People v. Lopez, 71 NY2d 662, 666 [1988]). Were we to reach the issue in the interest of justice, we would find the record sufficient to establish defendant’s understanding and waiver of his Boykin rights and of his entry of an otherwise knowing and voluntary guilty plea.

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