People v. Carroway
| Decision Date | 12 May 2011 |
| Citation | 84 A.D.3d 1501,2011 N.Y. Slip Op. 03920,922 N.Y.S.2d 632 |
| Parties | The PEOPLE of the State of New York, Respondent,v.Anthony CARROWAY, Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Susan Lyn Preston, Westerlo, for appellant.Holley Carnright, District Attorney, Kingston (Jason J. Kovacs of counsel), for respondent.Before: SPAIN, J.P., LAHTINEN, KAVANAGH, McCARTHY and EGAN JR., JJ.McCARTHY, J.
Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered December 9, 2008, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the fourth degree.
Defendant pleaded guilty to criminal possession of a controlled substance in the fourth degree in exchange for an agreed-upon prison sentence of five years followed by three years of postrelease supervision. At sentencing, defendant moved to withdraw his plea. Based upon some confusion as to whether the prosecutor had mentioned at the plea hearing the potential for persistent felony offender sentencing—which was not applicable in this case—and whether that statement may have improperly induced defendant's plea, County Court offered defendant a reduced sentence if he waived the right to appeal that issue. When defendant attempted to bargain for an even lower sentence, the court stated, Defense counsel then informed the court that defendant would proceed with the five-year sentence. Counsel acknowledged defendant's status as a second felony offender and the court sentenced him to five years in prison followed by three years of postrelease supervision. Defendant appeals.
Defendant contends that County Court should have permitted him to withdraw his plea. The court did permit him to do so, but defendant instead chose to adhere to the original offer. Thus, he cannot now complain of the court's actions in that regard. Having abandoned his motion to withdraw his plea, defendant did not preserve the argument that his plea was involuntary ( see People v. Miller, 70 A.D.3d 1120, 1120–1121, 896 N.Y.S.2d 183 [2010], lv. denied 14 N.Y.3d 890, 903 N.Y.S.2d 778, 929 N.E.2d 1013 [2010]; People v. Watson, 62 A.D.3d 1032, 1033–1034, 878 N.Y.S.2d 493 [2009] ).
Defendant was properly sentenced as a second felony offender. By not controverting...
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People v. Kasseem Wash.
... ... Defendant failed to preserve this claim by objecting at the time of sentencing ( see People v. Califano, 84 A.D.3d 1504, 1506, 923 N.Y.S.2d 299 [2011], lv. denied 17 N.Y.3d 805, 929 N.Y.S.2d 564, 953 N.E.2d 802 [2011]; People v. Carroway, 84 A.D.3d 1501, 15011502, 922 N.Y.S.2d 632 [2011], lv. denied 17 N.Y.3d 805, 929 N.Y.S.2d 565, 953 N.E.2d 803 [2011] ), and the record demonstrates that, in fact, he had a meaningful opportunity to review and challenge the statement. As we find that there was substantial compliance with CPL ... ...
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Carroway v. Annucci
... ... Counsel acknowledged [Carroway's] status as a second felony offender and the court sentenced him to five years in prison followed by three years of postrelease supervision. People v. Carroway, 922 N.Y.S.2d 632, 633 (N.Y. App. Div. 2011). On February 21, 2009, Carroway moved to set aside the sentence pursuant to New York Criminal Procedure Law ("CPL") 440.20. Carroway argued that he should not have been sentenced as a second felony offender because he was 15 years old at the ... ...
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People v. Trombley
... ... Carroway, 84 A.D.3d 1501, 1501, 922 N.Y.S.2d 632 [2011], lv. denied 17 N.Y.3d 805, 929 N.Y.S.2d 565, 953 N.E.2d 803 [2011] ). Further, the decision to permit a defendant to withdraw a guilty plea is a discretionary one, and hearings are granted only in rare circumstances ( see People v. Hayes, 71 A.D.3d ... ...
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People v. Crump
... ... White, 81 A.D.3d 1039, 1039, 916 N.Y.S.2d 652 [2011];People v. MaoSheng Lin, 50 A.D.3d 1251, 1253, 855 N.Y.S.2d 729 [2008],lv. denied[966 N.Y.S.2d 284]10 N.Y.3d 961, 863 N.Y.S.2d 145, 893 N.E.2d 451 [2008];see also People v. Carroway, 84 A.D.3d 1501, 1501, 922 N.Y.S.2d 632 [2011],lv. denied17 N.Y.3d 805, 929 N.Y.S.2d 565, 953 N.E.2d 803 [2011] ). Defendant's remaining assertion, that the sentence imposed was harsh and excessive, is without merit. County Court accepted defendant's contrition as genuine and appropriately took ... ...