People v. Chambers
| Decision Date | 06 November 2019 |
| Docket Number | S.C.I. No. 17-00515,2018–12105 |
| Parties | The PEOPLE, etc., Respondent, v. James CHAMBERS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
177 A.D.3d 645
112 N.Y.S.3d 164
The PEOPLE, etc., Respondent,
v.
James CHAMBERS, Appellant.
2018–12105
S.C.I. No. 17-00515
Supreme Court, Appellate Division, Second Department, New York.
Submitted—September 24, 2019
November 6, 2019
Mark Diamond, New York, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jill Oziemblewski and William C. Milaccio of counsel), for respondent.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, ROBERT J. MILLER, COLLEEN D. DUFFY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Westchester County (Michael A. Martinelli, J.), rendered September 6, 2018, convicting him of attempted burglary in the third degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review an order of protection dated September 6, 2018, issued at the time of sentencing.
ORDERED that upon the appeal from the judgment, so much of the order of protection dated September 6, 2018, as directed that it remain in effect until September 6, 2029, less the defendant's jail-time credit, to be computed by the applicable department of correction, is vacated, on the law and as a matter of discretion in the interest of justice, and the matter is remitted to the County Court, Westchester County, for a new determination of the duration of the order of protection, consistent herewith; and it is further,
ORDERED that the judgment is affirmed.
The defendant's challenge to the factual sufficiency of his plea allocution is unpreserved for appellate review (see CPL 470.05[2] ; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). Contrary to the defendant's contention, the exception to the preservation requirement does not apply here because the defendant's allocution
did not cast significant doubt on his guilt, negate an essential element of the crime, or call into question
the voluntariness of his plea (see People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the facts the defendant admitted during his plea allocution were sufficient to establish the elements of the crime of attempted burglary in the third degree ( Penal Law §§ 140.20, 110.00 ).
The defendant's further contention that he did not...
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