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PEOPLE v. GILLENS

16518, 5722/12.

134 A.D.3d 655 (2015)

21 N.Y.S.3d 623

2015 NY Slip Op 09641

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID GILLENS, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided December 29, 2015.

Defendant's claim that his plea allocution was deficient because the court omitted the word "jury" from its reference to giving up the right to a trial is a claim requiring preservation (see People v Jackson, 123 A.D.3d 634 [1st Dept 2014], lv denied 25 N.Y.3d 1202 [2015]), and we decline to review this unpreserved claim in the interest of justice. As an alternative holding, we find that...

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