People v. Coleman

• Decision Date: 20 April 2016
• Docket Number: 2015-02963, Index No. 10093/14.
• Citation: 2016 N.Y. Slip Op. 03008,29 N.Y.S.3d 552,138 A.D.3d 1014
• Parties: The PEOPLE, etc., respondent, v. Jahquez D. COLEMAN, appellant.
• Court: New York Supreme Court — Appellate Division

138 A.D.3d 1014
29 N.Y.S.3d 552
2016 N.Y. Slip Op. 03008

The PEOPLE, etc., respondent,
v.
Jahquez D. COLEMAN, appellant.

2015-02963, Index No. 10093/14.

Supreme Court, Appellate Division, Second Department, New York.

April 20, 2016.

29 N.Y.S.3d 553

Gary E. Eisenberg, New City, N.Y., for appellant.

William V. Grady, District Attorney, Poughkeepsie, N.Y. (Kirsten A. Rappleyea of counsel), for respondent.

WILLIAM F. MASTRO, J.P., THOMAS A. DICKERSON, L. PRISCILLA HALL, and SANDRA L. SGROI, JJ.

138 A.D.3d 1015

Appeal by the defendant from a judgment of the County Court, Dutchess County (Forman, J.), rendered March 10, 2015, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

At the time of sentencing, the defendant was presented with a stipulation and a release for the forfeiture, to the District Attorney, of the sum of $6,134, two digital scales, and one cellular phone, all considered proceeds of his crime (see CPLR 1311[1] ). After conferring with counsel, the defendant executed the stipulation and the release, agreeing to forfeit the cash, scales, and phone instead of subjecting himself to a civil lawsuit.

The defendant contends that the imposition of a civil forfeiture was a direct consequence of his plea of guilty of which he was not advised at the time of the plea, and as a result, his plea of guilty was not knowingly, voluntarily, and intelligently entered. The defendant's contention is unpreserved for appellate review, since he did not move to vacate his plea prior to the imposition of sentence or otherwise raise the issue at sentencing (see People v. Burgos, 129 A.D.3d 627, 628, 13 N.Y.S.3d 350 ; People v. Detres–Perez, 127 A.D.3d 535, 5 N.Y.S.3d 729 ; People v. McNair, 79 A.D.3d 908, 909, 912 N.Y.S.2d 421 ). In any event, contrary to the defendant's contention, the imposition of a civil forfeiture, to which he expressly agreed after conferring with counsel, was a collateral, not a direct, consequence of his plea of guilty (see CPLR 1311[1] ; People v. McNair, 79 A.D.3d at 909, 912 N.Y.S.2d 421 ; Holtzman v. Roman, 141 A.D.2d 601, 529 N.Y.S.2d 522 ; People v. Mitchell, 121 A.D.2d 403, 502 N.Y.S.2d 805 ; see also United States v. United States Currency in Amount of $228,536.00, 895 F.2d 908, 916 [2d Cir] ). Accordingly, the defendant's plea was not rendered unknowing, involuntary, or unintelligent by the failure to advise him of a civil forfeiture at the time of the plea.

The defendant's contention that his plea of guilty was not knowing and intelligent because he was not advised that his right to claim a speedy trial violation under CPL 30.30 would be forfeited upon his plea of guilty is unpreserved for...