People v. Bethel
| Decision Date | 21 January 2010 |
| Docket Number | 102325 |
| Citation | 2010 NY Slip Op 412,69 A.D.3d 1126,894 N.Y.S.2d 205 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD A. BETHEL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
v.
RONALD A. BETHEL, Appellant.
Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered October 23, 2008, convicting defendant upon his plea of guilty of the crime of attempted murder in the second degree.
KAVANAGH, J.
In June 2008, defendant was forcibly removed from a bar in the Village of Endicott, Broome County after he got into an argument with the victim, an employee of the bar, about paying a cover charge and struck the victim in the back of the head with a beer bottle. Defendant returned to the premises shortly thereafter armed with a loaded .45 caliber handgun and, upon confronting the victim in a crowded parking lot, fired six shots from the weapon, striking the victim once. Defendant was subsequently arrested and, while represented by counsel, agreed
to waive indictment and be prosecuted by a superior court information charging him with attempted murder in the second degree and criminal use of a firearm in the first degree. At the same time, he entered a plea of guilty to attempted murder in the second degree in exchange for a commitment by County Court that the sentence to be imposed would not exceed 12 years in prison, plus five years of postrelease supervision.* Defendant was sentenced in accordance with that agreement and now appeals, claiming that his guilty plea was, under the facts presented, involuntarily rendered and he was deprived of the effective assistance of counsel.
Initially, we note that defendant's failure to move to withdraw his guilty plea or to vacate the judgment of conviction renders his claims that his plea was involuntarily entered and his plea allocution was factually inadequate unpreserved for our review (see People v Lopez, 71 NY2d 662, 665 [1988]; People v Mason, 66 AD3d 1225, 1227 [2009]; People v Campbell, 66 AD3d 1059, 1059 [2009]; People v Parsons, 65 AD3d 716 [2009], lv denied 13 NY3d 838 [2009]; People v Dantzler, 63 AD3d 1376, 1377 [2009]; People v Brennan, 62 AD3d 1167, 1168 [2009], lv denied 13 NY3d 794 [2009]; People v Talmadge, 48 AD3d 836, 836 [2008]). Moreover, the narrow exception to the rule requiring preservation does not apply here as defendant did not make any statements during his plea allocution that cast doubt upon his guilt or the...
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