Appellate Division of the Supreme Court of the State of New York May 6, 2011 (People v. Mox)

Smith, J.

(dissenting). I respectfully dissent. Even assuming, arguendo, that the majority is correct that this is one of those rare cases for which preservation is not required (see People v Lopez, 71 NY2d 662, 666 [1988]), I nevertheless conclude that *1725County Court conducted a sufficient inquiry to ensure that defendant’s plea was entered knowingly and voluntarily, and that defendant’s