| People v Rodriguez |
| 2025 NY Slip Op 01739 |
| Decided on March 21, 2025 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
MICHAEL J. STACHOWSKI, P.C., BUFFALO (MICHAEL J. STACHOWSKI OF COUNSEL), FOR DEFENDANT-APPELLANT.
MICHAEL J. KEANE, ACTING DISTRICT ATTORNEY, BUFFALO (APRIL J. ORLOWSKI OF COUNSEL), FOR RESPONDENT.
Appeal from a judgment of the Erie County Court (Suzanne Maxwell Barnes, J.), rendered August 31, 2023. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him, upon his plea of guilty, of criminal possession of a weapon in the third degree (Penal Law § 265.02 [1]), defendant contends that his plea was involuntary because County Court did not advise him during the plea colloquy that he would be forfeiting his right against self-incrimination by pleading guilty. Defendant "failed to preserve that contention for our review because . . . he failed to move to withdraw the plea or to vacate the judgment of conviction" (People v Yanga, 213 AD3d 1276, 1277 [4th Dept 2023], lv denied 40 NY3d 932 [2023] [internal quotation marks omitted]; see People v Martin, 222 AD3d 1414, 1415 [4th Dept 2023], lv denied 41 NY3d 966 [2024]; People v Ramos-Perez, 188 AD3d 1741, 1742 [4th Dept 2020], lv denied 36 NY3d 1099 [2021]). In any event, defendant's contention is without merit. After reviewing the record as a whole and the circumstances of the plea in its totality, we conclude that the plea was knowing, intelligent, and voluntary (see Yanga, 213 AD3d at 1277; People v Barnes, 206 AD3d 1713, 1714-1715 [4th Dept 2022], lv denied 38 NY3d 1132 [2022]).
Entered: March 21, 2025
Ann Dillon Flynn
Clerk of the Court