People v. Chavis
| Decision Date | 09 June 2017 |
| Citation | 151 A.D.3d 1757,56 N.Y.S.3d 744 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Kristy L. CHAVIS, Defendant–Appellant. (Appeal No. 1.). |
| Court | New York Supreme Court — Appellate Division |
Charles A. Marangola, Moravia, for Defendant–Appellant.
Jon E. Budelmann, District Attorney, Auburn (Brian T. Leeds of Counsel), for Respondent.
PRESENT: WHALEN, P.J., SMITH, CARNI, CURRAN, AND SCUDDER, JJ.
In appeal No. 1, defendant appeals from a judgment convicting her upon her plea of guilty of, inter alia, three counts of criminal possession of a controlled substance in the third degree ( [CPCS] Penal Law § 220.16 [1], [12] ) and, in appeal No. 2, she appeals from a judgment convicting her upon her plea of guilty of four counts of CPCS in the third degree (§ 220.16[1] ) and four counts of criminal sale of a controlled substance in the third degree ( [CSCS] § 220.39[1] ). County Court imposed concurrent terms of imprisonment with respect to all counts in both indictments. As a preliminary matter, we reject the contention of the People that the appeal from the judgment in appeal No. 1 is not properly before us because defendant failed to file a timely notice of appeal. This Court granted defendant's motion seeking to extend her time to file the notice of appeal, and thus the notice of appeal was timely filed.
Contrary to defendant's contention in appeal No. 1, the record establishes that defendant expressly rejected a prior offer to plead guilty to one count of CPCS in exchange for a six-year determinate term of imprisonment, and she was thereafter indicted with the counts at issue in appeal No. 2. Defendant pleaded guilty to all counts in both indictments and was sentenced in accordance with the terms of her plea agreement, and she therefore cannot be heard to say that she relied to her detriment on the prior offer (see People v. Stevens, 64 A.D.3d 1051, 1054, 883 N.Y.S.2d 369, lv. denied 13 N.Y.3d 839, 890 N.Y.S.2d 455, 918 N.E.2d 970 ).
We reject defendant's further contention in appeal No. 1 that the court abused its discretion in denying her application to participate in judicial diversion (see People v. Williams, 105 A.D.3d 1428, 1428, 963 N.Y.S.2d 899, lv. denied 21 N.Y.3d 1021, 971 N.Y.S.2d 503, 994 N.E.2d 399 ), which was made before she was indicted with the counts in appeal No. 2. The record supports the court's determination that, although defendant had a history of drug abuse, it was a factor in her criminal...
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...33 N.Y.S.3d 443 [2d Dept. 2016] [judicial diversion denied based upon defendant's threat to public safety]; People v. Chavis , 151 A.D.3d 1757, 56 N.Y.S.3d 744 [4th Dept. 2017], lv denied 29 N.Y.3d 1124, 64 N.Y.S.3d 674, 86 N.E.3d 566 [2017] [institutional confinement required where large a......
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...raise the legal arguments he now raises in an appeal from any subsequent judgment of conviction (see e.g. People v. Chavis , 151 A.D.3d 1757, 1758, 56 N.Y.S.3d 744 [4th Dept. 2017], lv. denied 29 N.Y.3d 1124, 64 N.Y.S.3d 674, 86 N.E.3d 566 [2017]; People v. DeYoung , 95 A.D.3d 71, 77–80, 94......
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