People v. Chandler
| Decision Date | 28 April 1995 |
| Parties | PEOPLE of the State of New York, Respondent, v. Herbert CHANDLER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Linda S. Reynolds by Vincent Gugino, Buffalo, for appellant.
Kevin M. Dillon by Neal Mahoney, Buffalo, for respondent.
Before GREEN, J.P., and LAWTON, FALLON, CALLAHAN and BOEHM, JJ.
Defendant was charged with burglary in the second degree, petit larceny and criminal possession of stolen property in the fifth degree arising out of a residential burglary on October 18, 1992. While represented by counsel, he pleaded guilty to one count of attempted burglary in the second degree in full satisfaction of those charges. Defendant acknowledged that he understood the bargained-for plea agreement and that no promises or commitments had been made with respect to sentencing, and he waived his right to appeal as a condition of the plea.
County Court did not abuse its discretion in denying the motion of defendant to withdraw his guilty plea without conducting a hearing (see, CPL 220.60[3]; People v. Tinsley, 35 N.Y.2d 926, 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Cantu, 202 A.D.2d 1033, 610 N.Y.S.2d 113). Defendant made no claim of innocence, fraud or duress (see, People v. Ayers, 192 A.D.2d 1134, 596 N.Y.S.2d 630, lv. denied 81 N.Y.2d 1069, 601 N.Y.S.2d 589, 619 N.E.2d 667). Furthermore, the record demonstrates that, at sentencing, defendant and his attorney were given a meaningful opportunity to argue that defendant should be permitted to withdraw his plea (see, People v. Tinsley, supra, at 927, 365 N.Y.S.2d 161, 324 N.E.2d 544; People v. Ayers, supra ).
We also conclude that defendant knowingly, intelligently and voluntarily waived his right to appeal; that waiver encompassed his contention that his sentence is excessive (see, People v. Allen, 82 N.Y.2d 761, 763, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Callahan, 80 N.Y.2d 273, 280, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Seaberg, 74 N.Y.2d 1, 543 N.Y.S.2d 968, 541 N.E.2d 1022; People v. Underwood, 210 A.D.2d 994, 621 N.Y.S.2d 1002).
Judgment unanimously affirmed.
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...issues relating to the sentence, even where defendant has not received a specific sentence promise (see, e.g., People v. Chandler, 214 A.D.2d 1027, 626 N.Y.S.2d 893). By contrast, the Second and Third Departments have held that a defendant does not waive the right to review of the sentence ......
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