PEOPLE v. MINAYA-RODRIGUEZ

Ind. No. 2086/18. Appeal No. 14413. Case No. 2019-5888.

198 A.D.3d 516 (2021)

152 N.Y.S.3d 799

2021 NY Slip Op 05673

The People of the State of New York, Respondent, v. Elvin Minaya-Rodriguez, Appellant.

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

Decided October 19, 2021.


Attorney(s) appearing for the Case

Robert S. Dean , Center for Appellate Litigation, New York ( Danielle Krumholz of counsel), for appellant.

Cyrus R. Vance, Jr. , District Attorney, New York ( Jillian Lewis of counsel), for respondent

Concur—Gische, J.P., Webber, Mazzarelli, Moulton, Pitt, JJ.


Defendant's challenge to the voluntariness of his plea is unpreserved, and we decline to review it in the interest of justice. "[W]here the defendant's recitation of the facts underlying the crime pleaded to clearly casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea, ... the trial court has a duty to inquire further to ensure [the] guilty plea is knowing and voluntary...

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