People v Franklin

Holding The court affirmed the conviction and sentence, holding that the defendant’s constitutional challenge to his mandatory persistent violent felony offender status was unpreserved because he did not contest his criminal history during the plea colloquy. The court declined to exercise its interest of justice jurisdiction to review the unpreserved issue.

The court’s words

Defendant's constitutional challenge to his mandatory persistent felony offender status is unpreserved, as he did not contest his criminal history or the relevant periods of incarceration during the plea colloquy

2026 NY Slip Op 06358, at the official text

We decline defendant's request that we exercise our interest of justice jurisdiction with respect to this issue

2026 NY Slip Op 06358, at the official text