People v. Bennefield

Decision Date13 June 2003
Citation306 A.D.2d 911,761 N.Y.S.2d 906
CourtNew York Supreme Court — Appellate Division
PartiesTHE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>ADAM BENNEFIELD, Appellant. (Appeal No. 1.)

Present — Pigott, Jr., P.J., Green, Wisner, Burns and Gorski, JJ.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

The record establishes that defendant voluntarily, knowingly and intelligently waived his right to appeal (see People v Hidalgo, 91 NY2d 733, 736 [1998]; People v DeJesus, 248 AD2d 1023 [1998], lv denied 92 NY2d 878 [1998]). That waiver encompasses defendant's contention that the sentences imposed on the convictions in both appeals are unduly harsh and severe (see People v Lococo, 92 NY2d 825, 827 [1998]). The further contention of defendant that the guilty pleas were involuntarily entered survives his waivers of the right to appeal, but defendant failed to preserve that contention for our review by moving to withdraw the pleas or to vacate the judgments of conviction (see People v Faison, 270 AD2d 717 [2000]; DeJesus, 248 AD2d 1023 [1998]). Defendant contends that Supreme Court erred in denying defense counsel's request to obtain expert psychiatric services pursuant to County Law § 722-c with respect to a possible insanity defense. Even assuming, arguendo, that defendant's contention survives the guilty pleas (see generally People v Di Donato, 87 NY2d 992, 993 [1996]), we conclude that it lacks merit (see People v Carpenter, 240 AD2d 863, 864 [1997], lv denied 90 NY2d 902 [1997]). Finally, although issues relating to defendant's competency survive both the waivers of the right to appeal and the guilty pleas themselves (see People v Callahan, 80 NY2d 273, 280 [1992]; People v Armlin, 37 NY2d 167, 172 [1975]), defendant was examined and found to be competent on two occasions, including two days before the plea proceedings, and nothing in the record casts doubt upon his fitness to proceed. Thus, the court did not abuse its discretion in declining to order a further competency examination (see People v Morgan, 87 NY2d 878, 879-880 [1995]).

To continue reading

Request your trial
5 cases
  • Bennefield v. Kirkpatrick
    • United States
    • U.S. District Court — Western District of New York
    • October 5, 2010
    ...excessive. On February 4, 2005, the Appellate Division, Fourth Department unanimously affirmed the judgment. People v. Bennefield, 306 A.D.2d 911, 761 N.Y.S.2d 906 (4th Dep't 2003). The court held that petitioner voluntarily, knowingly and intelligently waived his right to appeal and that t......
  • People v. Winebrenner
    • United States
    • New York Supreme Court — Appellate Division
    • June 15, 2012
    ...cause the defendant to be examined” ( People v. Armlin, 37 N.Y.2d 167, 172, 371 N.Y.S.2d 691, 332 N.E.2d 870;see People v. Bennefield, 306 A.D.2d 911, 912, 761 N.Y.S.2d 906;People v. Moore, 203 A.D.2d 900, 900, 612 N.Y.S.2d 1013,lv. denied84 N.Y.2d 830, 617 N.Y.S.2d 150, 641 N.E.2d 171;Peop......
  • People v. Bennefield
    • United States
    • New York Supreme Court — Appellate Division
    • September 27, 2013
    ...of conviction but did not raise the failure of the court to impose PRS in his brief, and we affirmed ( People v. Bennefield [appeal No. 1], 306 A.D.2d 911, 761 N.Y.S.2d 906). The Department of Corrections and Community Supervision (DOCCS) later administratively adjusted defendant's sentence......
  • MATTER OF KLESTINEC v. Smolinski
    • United States
    • New York Supreme Court — Appellate Division
    • June 13, 2003
  • Request a trial to view additional results
1 books & journal articles
  • 9-b-2 Plea Agreements[30]
    • United States
    • A Jailhouse Lawyer's Manual Chapter 9 Appealing Your Conviction or Sentence[*] (9 to 9 H) 9-b Limits on Your Right to Appeal (9-b to 9-b-4)
    • Invalid date
    ...371 N.Y.S.2d 691, 697 (1975) (holding that a plea of guilty does not waive right to a mandated competency hearing); People v. Bennefield, 306 A.D.2d 911, 911, 761 N.Y.S.2d 906, 907 (4th Dept. 2003) (noting that "issues relating to defendant's competency survive" a guilty plea and a waiver o......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT