People v. Blount

• Decision Date: 22 April 2022
• Docket Number: 34 KA 20-00979
• Citation: 2022 NY Slip Op 02653
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. SAYVION BLOUNT, DEFENDANT-APPELLANT.
• Court: New York Supreme Court

2022 NY Slip Op 02653

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
SAYVION BLOUNT, DEFENDANT-APPELLANT.

No. 34 KA 20-00979

Supreme Court of New York, Fourth Department

April 22, 2022

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PAUL J. CONNOLLY OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.

PRESENT: WHALEN, P.J., NEMOYER, CURRAN, AND BANNISTER, JJ.

Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered July 15, 2020. The judgment convicted defendant, upon his plea of guilty, of criminal possession of stolen property in the fourth degree.

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of criminal possession of stolen property in the fourth degree (Penal Law § 165.45 [2]). Preliminarily, we note that defendant did not waive his right to appeal in this case. Although there was some discussion about an appeal waiver during the plea colloquy, defendant "was never... called upon to actually waive that right" (People v Magee, 200 A.D.3d 1619, 1619 [4th Dept 2021]).

We reject defendant's contention that County Court improperly failed to inquire into his complaints about defense counsel at sentencing. Defendant's unexplained allegations of "rude[ness]" and "belligeren[ce]" by defense counsel are precisely the sort of "vague and conclusory" claims that "do[ ] not 'trigger the court's duty to make a minimal inquiry'" (People v Dolison, 200 A.D.3d 1632, 1633 [4th Dept 2021]; see People v El Hor, 197 A.D.3d 1118, 1120 [2d Dept 2021], lv denied 37 N.Y.3d 1096 [2021]; see generally People v Franklin, 137 A.D.3d 550, 551 [1st Dept 2016], lv denied 27 N.Y.3d 1132 [2016]). Moreover, given that defendant "never asked to represent himself..., the issue of self-representation never arose and defendant's present claim that the court should have advised him of his right to proceed pro se is baseless" (People v Pines, 298 A.D.2d 179, 180 [1st Dept 2002], lv denied 99 N.Y.2d 562 [2002]; see also People v Crooks, 95 A.D.3d 417, 417 [1st Dept 2012], lv denied 19 N.Y.3d 995 [2012]).

By moving to withdraw his plea solely on other grounds, defendant failed to preserve his current contention that his guilty plea was involuntary on the ground that he misunderstood the terms of the plea bargain (see People...