People v. Cogswell
| Decision Date | 12 April 2012 |
| Citation | 2012 N.Y. Slip Op. 02724,94 A.D.3d 1236,942 N.Y.S.2d 275 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Keith COGSWELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
2012 N.Y. Slip Op. 02724
94 A.D.3d 1236
942 N.Y.S.2d 275
The PEOPLE of the State of New York, Respondent,
v.
Keith COGSWELL, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
April 12, 2012.
[942 N.Y.S.2d 275]
Michael G. Paul, Albany, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: MERCURE, J.P., LAHTINEN, SPAIN, McCARTHY and GARRY, JJ.
MERCURE, J.P.
[94 A.D.3d 1236] Appeal from a judgment of the County Court of Ulster County (Czajka, J.), rendered October 1, 2010, which revoked defendant's probation and imposed a sentence of imprisonment.
[94 A.D.3d 1237] In November 2005, defendant pleaded guilty to sexual abuse in the first degree in satisfaction of a four-count indictment and was thereafter sentenced to a 10–year term of probation, the first 180 days of which were to be spent in jail. His conviction and sentence were affirmed on appeal
[942 N.Y.S.2d 276]
to this Court (46 A.D.3d 1017, 846 N.Y.S.2d 922 [2007] ). In August 2008, a declaration of delinquency was filed after defendant failed to attend substance abuse treatment and admitted to using cocaine on multiple occasions. As a result, his probation was continued with the modification that he comply with mental health treatment. Subsequently, a second declaration of delinquency was filed against defendant in July 2010 after he failed to report for probation on several occasions and admitted to again repeatedly using cocaine and drinking alcohol. Defendant pleaded guilty to violating his probation, and County Court sentenced him to five years in prison, to be followed by three years of postrelease supervision. Defendant now appeals.
We affirm. The record before us does not contradict the People's assertion that defendant failed to move to withdraw his plea or vacate the judgment of conviction and, therefore, his claim that his guilty plea to the probation violations was not knowingly, intelligently and voluntarily entered is unpreserved for this Court's review ( see People v. Miller, 90 A.D.3d 1416, 1416–1417, 935 N.Y.S.2d 230 [2011]; People v. Lewis, 69 A.D.3d 1232, 1234, 894 N.Y.S.2d 549 [2010] ). Moreover, the record demonstrates that defendant stated upon questioning by County Court that he had fully discussed the matter with his attorney, was satisfied with his representation and had not been promised anything in exchange for his plea. In addition, the court advised defendant that, by...
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...thus, it is not preserved for our review (see People v. McGregor, 119 A.D.3d 1235, 1236, 989 N.Y.S.2d 404 [2014] ; People v. Cogswell, 94 A.D.3d 1236, 1237, 942 N.Y.S.2d 275 [2012], lv. denied 19 N.Y.3d 958, 950 N.Y.S.2d 110, 973 N.E.2d 208 [2012] ). Moreover, the record reflects that defen......
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...102 A.D.3d 1057, 1058, 958 N.Y.S.2d 536 [2013],lv. denied21 N.Y.3d 1019, 971 N.Y.S.2d 502, 994 N.E.2d 398 [2013];People v. Cogswell, 94 A.D.3d 1236, 1237, 942 N.Y.S.2d 275 [2012],lv. denied19 N.Y.3d 958, 950 N.Y.S.2d 110, 973 N.E.2d 208 [2012] ). Moreover, defendant made no statements durin......
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People v. Hare
...claim that her guilty plea was not knowing, intelligent and voluntary is unpreserved for this Court's review ( see People v. Cogswell, 94 A.D.3d 1236, 1237, 942 N.Y.S.2d 275 [2012],lv. denied19 N.Y.3d 958, 950 N.Y.S.2d 110, 973 N.E.2d 208 [2012];People v. Miller, 90 A.D.3d 1416, 1416–1417, ......