People v. Banner

• Decision Date: 05 November 2014
• Docket Number: 2012-08899, 2012-08900
• Citation: 2014 N.Y. Slip Op. 07516,122 A.D.3d 641,994 N.Y.S.2d 424
• Parties: The PEOPLE, etc., respondent, v. Damon C. BANNER, appellant.
• Court: New York Supreme Court — Appellate Division

122 A.D.3d 641
994 N.Y.S.2d 424
2014 N.Y. Slip Op. 07516

The PEOPLE, etc., respondent
v.
Damon C. BANNER, appellant.

2012-08899, 2012-08900

Supreme Court, Appellate Division, Second Department, New York.

Nov. 5, 2014.

994 N.Y.S.2d 425

Martin Geoffrey Goldberg, Franklin Square, N.Y., for appellant.

Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Ames C. Grawert of counsel), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, ROBERT J. MILLER, and SYLVIA O. HINDS–RADIX, JJ.

Opinion

122 A.D.3d 641

Appeals by the defendant from (1) a judgment of the County Court, Nassau County (Kase, J.), rendered August 8, 2012, convicting him of attempted murder in the second degree under Indictment No. 2065/11, and (2) a judgment of the same court rendered September 28, 2012, convicting him of arson in the third degree under Indictment No. 289/12, upon his pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

The defendant contends that his plea of guilty to attempted murder in the second degree was involuntary because the Supreme Court never elicited an admission as to his intent. The defendant further contends that this plea, and his plea of guilty to arson in the third degree, were involuntary because a question was raised as to his mental condition during the plea colloquy. However, contrary to the defendant's contention, his challenges to the voluntariness of the pleas are not preserved for appellate review since he never made a motion to withdraw his pleas prior to sentencing. Although the defendant made a motion to vacate the judgments pursuant to CPL article 440, the issues raised in that motion are not properly before us on these direct appeals from the judgments of conviction (see People v. Finn, 63 A.D.3d 755, 879 N.Y.S.2d 720 ;

122 A.D.3d 642

People...