People v. Abrams
| Decision Date | 22 July 2010 |
| Citation | 75 A.D.3d 927,904 N.Y.S.2d 822 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Anton ABRAMS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
75 A.D.3d 927
The PEOPLE of the State of New York, Respondent,
v.
Anton ABRAMS, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
July 22, 2010.
Matthew J. Leonardo, Albany, for appellant.
P. David Soares, District Attorney, Albany (Kenneth C. Weafer of counsel), for respondent.
Before: CARDONA, P.J., PETERS, SPAIN, McCARTHY and EGAN JR., JJ.
CARDONA, P.J.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered May 14, 2009, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.
Following his arrest for burglarizing several college dorm rooms, defendant waived indictment and agreed to be prosecuted by a superior court information charging him with a single count of burglary in the third degree. Pursuant to a negotiated plea agreement, defendant pleaded guilty to the charged crime and waived his right to appeal, both on the record and in writing. He was thereafter sentenced as a second felony offender to a prison term of 3 to 6 years, prompting this appeal.
Initially, we are unpersuaded by defendant's contention that his waiver of the right to appeal was not valid. Contrary to his argument, the record demonstrates that defendant was properly and fully informed by County Court regarding the appeal waiver, including that it was "[s]eparate and apart" from the rights he forfeited by pleading guilty ( see People v. First, 62 A.D.3d 1043, 1045, 880 N.Y.S.2d 195 [2009], lv. denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077 [2009] ). Notably, among other things, defendant signed the written waiver in open court and acknowledged his understanding of the legal consequences thereof, and counsel confirmed that he had reviewed it with defendant. In sum, our review of the plea colloquy confirms that defendant's waiver was knowing, intelligent and voluntary ( see People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108 [1992] ).
Next, defendant contends that his plea of guilty was not knowingly, voluntarily and intelligently entered, a claim that survives his waiver of appeal. However, this argument is not preserved for our review given defendant's failure to move to withdraw his plea or vacate the judgment of conviction ( see People v. Brennan, 62 A.D.3d 1167, 1168, 879 N.Y.S.2d 620 [2009], lv. denied 13 N.Y.3d 794, 887 N.Y.S.2d 544, 916 N.E.2d 439 [2009] ). Moreover, the narrow exception to the...
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...right that defendant was waiving and addressed it separately from those rights forfeited by his guilty plea ( see People v. Abrams, 75 A.D.3d 927, 927, 904 N.Y.S.2d 822 [2010];910 N.Y.S.2d 208People v. Tabbott, 61 A.D.3d 1183, 1184, 876 N.Y.S.2d 760 [2009], lv. denied 13 N.Y.3d 750, 886 N.Y......
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...his plea or vacate the judgment of conviction ( see People v. Naumowicz, 76 A.D.3d 747, 748, 907 N.Y.S.2d 353 [2010]; People v. Abrams, 75 A.D.3d 927, 928, 904 N.Y.S.2d 822 [2010], lv. denied 15 N.Y.3d 918, 913 N.Y.S.2d 645, 939 N.E.2d 811 [2010] ). Moreover, the narrow exception to the pre......
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...for our review in light of defendant's failure to move to withdraw his plea or vacate the judgment of conviction ( see People v. Abrams, 75 A.D.3d 927, 928, 904 N.Y.S.2d 822 [2010], lv. denied 15 N.Y.3d 918, 913 N.Y.S.2d 645, 939 N.E.2d 811 [2010] ). Furthermore, the narrow exception to the......