People v. Boyles, 02-10150

CourtNew York Justice Court
Writing for the CourtDavid A. Sears, J.
Citation2021 NY Slip Op 50538 (U)
Docket Number02-10150
Decision Date09 June 2021
PartiesPeople of the State of New York, v. Michael P. Boyles, Defendant.

2021 NY Slip Op 50538(U)

People of the State of New York,
v.
Michael P. Boyles, Defendant.

02-10150

New York Justice Court of the Town of Pleasant Valley, Dutchess County

Decided on June 9, 2021


JONATHAN D. COHN, ESQ.

Gerstenzang, Sills, Cohn & Gerstenzang

Attorneys for Plaintiff

210 Great Oaks Boulevard

Albany, NY 12203

JENNIFER L. FLUCK, ESQ.

Senior Assistant District Attorney

236 Main Street

Poughkeepsie, NY 12601

David A. Sears, J.

The Defendant has moved, by Notice of Motion dated April 2, 2021, for a Writ of Coram Nobis vacating a Judgment of Conviction entered in the Pleasant Valley Justice Court on April 17, 2003. The conviction was a result of the Defendant's plea of guilty to the charge of Driving While Ability Impaired in violation of Vehicle & Traffic Law §1192(1). The People of the State of New York, through Sr. Assistant District Attorney Jennifer Fluck, oppose the application, asserting that Defendant's sole remedy would be an application under Criminal Procedure Law Article 440 and such an application was not made in a timely fashion.

The Defendant argues that the Department of Motor Vehicles promulgated regulations on September 25, 2012 that affected the relicensure of individuals who have accumulated three or more DWI related convictions within the previous twenty-five years or five DWI related convictions in a lifetime. The Defendant argues that at the time of his Pleasant Valley Justice Court guilty plea, he was not advised by his attorney that his driver's license would be permanently denied under New York Department of Motor Vehicles regulations enacted approximately nine years after his conviction. He further argues that there was no discussion with his attorney that a conviction would result in a lifetime denial of his driver's license. Defendant's claim is that his guilty plea was not entered knowingly or intelligently because had he known this information, he may have decided to challenge the cases in the hopes of avoiding a lifetime revocation under the New York Department of Motor Vehicles regulations subsequently enacted in 2012.

The Defendant, through counsel, notes that he has six (6) alcohol related convictions and

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as it currently stands, he is permanently denied from obtaining a driver's license under the New York Department of Motor Vehicles regulations. The last such conviction occurred on November 24, 2008. At that time, he was convicted of Driving While Intoxicated in the Dutchess County Court.1 Counsel notes that this is the first of what could be many applications. If the Defendant vacates one conviction, he may be able to reapply for relicensure with a...

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