People v. Crampton

• Decision Date: 06 January 2022
• Docket Number: 109884, 112425
• Citation: 201 A.D.3d 1020,159 N.Y.S.3d 263
• Parties: The PEOPLE of the State of New York, Respondent, v. Adam C. CRAMPTON, Appellant.
• Court: New York Supreme Court — Appellate Division

201 A.D.3d 1020
159 N.Y.S.3d 263

The PEOPLE of the State of New York, Respondent,
v.
Adam C. CRAMPTON, Appellant.

109884, 112425

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

Calendar Date: November 17, 2021
Decided and Entered: January 6, 2022

159 N.Y.S.3d 265

Angela Kelley, Albany, for appellant.

Michael A. Korchak, District Attorney, Binghamton (Rita M. Basile of counsel), for respondent.

Before: Egan Jr., J.P., Clark, Aarons, Reynolds Fitzgerald and Colangelo, JJ.

MEMORANDUM AND ORDER

Reynolds Fitzgerald, J.

201 A.D.3d 1020

Appeals (1) from a judgment of the County Court of Broome County (Cawley Jr., J.), rendered October 23, 2017, convicting defendant upon his plea of guilty of the crime of rape in the first degree, and (2) by permission, from an order of said court, entered July 1, 2020, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

In June 2017, defendant was charged by felony complaint

201 A.D.3d 1021

with rape in the first degree, criminal sexual act in the first degree and sex abuse in the first degree (two counts). The charges stemmed from defendant's sexual conduct with a female relative over a period of years. The People extended a preindictment offer permitting defendant to plead guilty to one count of rape in the first degree in exchange for a prison term of 15 years followed by 15 years of postrelease supervision. When efforts to negotiate a more lenient sentence were unsuccessful, defendant waived indictment and, in full satisfaction of all pending and potential charges, agreed to be prosecuted pursuant to a superior court information charging him with one count of rape in the first degree. The plea agreement also required defendant to waive his right to appeal.

Prior to pleading guilty, defendant requested that substitute counsel be appointed, contending that assigned counsel was not representing his best interests. County Court denied defendant's request; defendant

159 N.Y.S.3d 266

pleaded guilty in conformity with the plea agreement and, in October 2017, was sentenced to the agreed-upon prison term of 15 years followed by 15 years of postrelease supervision. Nearly two years later, defendant filed a pro se CPL 440.10 motion seeking to vacate the judgment of conviction, asserting claims of actual innocence and the ineffective assistance of counsel. County Court denied the motion without a hearing. Defendant appeals from the judgment of conviction and, by permission, from the order denying his motion to vacate.

Although defendant initially contends that his waiver of the right to appeal is invalid, County Court's oral waiver colloquy mirrors – and the written waiver executed by defendant is identical to – the waivers at issue in People v. Thompson, 193 A.D.3d 1186, 145 N.Y.S.3d 204 (2021). Here, as in Thompson, County Court explained that defendant's appellate rights were "separate and distinct" from the trial-related rights that defendant was forfeiting by pleading guilty, and the written appeal waiver, which defendant executed after reviewing with counsel and confirmed his understanding thereof, both reiterated the separate and distinct nature of defendant's appellate rights and delineated the rights that survived such waiver. Under these circumstances, we are satisfied that defendant's combined oral and written waiver of the right to appeal was valid (see id. at 1186–1187, 145 N.Y.S.3d 204 ; People v. Kormos, 126 A.D.3d 1039, 1039–1040, 4 N.Y.S.3d 390 [2015] ). In light of defendant's valid appeal waiver, his challenge to the severity of the sentence imposed is precluded (see People v. Hemingway, 192 A.D.3d 1266, 1267, 142 N.Y.S.3d 674 [2021], lvs denied 37 N.Y.3d 956, 960, 147 N.Y.S.3d 527, 147 N.Y.S.3d 527, [2021]).

201 A.D.3d 1022

Defendant next argues that County Court erred in denying his preplea request for substitute counsel. Assuming, without deciding, that defendant's argument on this point implicates the voluntariness of his plea and therefore is not "encompassed by the plea and the waiver of the right to appeal" ( People v. Sallard, 175 A.D.3d 1839, 1839–1840, 109 N.Y.S.3d 547 [2019] [internal quotation marks and citations omitted], lv denied 35 N.Y.3d 1048, 127 N.Y.S.3d 833, 151 N.E.3d 514 [2020] ; see People v. Morehouse, 140 A.D.3d 1202, 1203, 33 N.Y.S.3d 491 [2016], lv denied 28 N.Y.3d 934, 40 N.Y.S.3d 362, 63 N.E.3d 82 [2016] ; People v. Rolfe, 83 A.D.3d 1219, 1220, 920 N.Y.S.2d 856 [2011], lv denied 17 N.Y.3d 809, 929 N.Y.S.2d 569, 953 N.E.2d 807 [2011] ) and, further, was not effectively abandoned "when he decided to plead guilty while still being represented by the same attorney" ( People v. Crosby, 195 A.D.3d 1602, 1604, 149 N.Y.S.3d 729 [2021] [internal quotation marks, brackets, ellipsis and citation omitted], lv denied 37 N.Y.3d 1026, 153 N.Y.S.3d 417, 436, 175 N.E.3d 442, 461, 462 [2021]), this argument is unpreserved for our review absent a motion to withdraw his plea (see People v. Morehouse, 140 A.D.3d at 1203, 33 N.Y.S.3d 491 ). Were we to conclude otherwise, we would find that defendant's generalized disagreements with counsel regarding matters of strategy did not rise to the level of "serious complaints about counsel" and, thus, were "insufficient to warrant substitution" ( People v. Puccini, 145 A.D.3d 1107, 1109, 42 N.Y.S.3d 464 [2016] [internal quotation marks and citations omitted], lv denied 29 N.Y.3d 1035, 62 N.Y.S.3d 304, 84 N.E.3d 976 [2017] ).

Defendant further contends that his plea was involuntary due to County Court's failure to apprise him of the potential maximum period of incarceration, inquire as to his mental health status, place him under oath prior to accepting his plea and/or sufficiently advise him of his Boykin

159 N.Y.S.3d 267

rights. Each of these claims, however, is unpreserved for our review in the absence of an appropriate postallocution motion (see People v. Gassner, 193 A.D.3d 1182, 1184–1185, 147 N.Y.S.3d 191 [2021], lv denied 37 N.Y.3d 956, 147 N.Y.S.3d 523, 170 N.E.3d 397 [2021] ; People v. Howard, 190 A.D.3d 1108, 1108, 138 N.Y.S.3d 751 [2021] ; People v. Overton, 105 A.D.3d 1072, 1072–1073, 962 N.Y.S.2d 512 [2013] ). The narrow exception to the preservation rule does not apply, as defendant made no statements during the plea colloquy that negated an element of the charged crime, cast doubt upon his guilt or otherwise called into question the voluntariness of his plea (see People v. Simpson, 196 A.D.3d 996, 998–999, 150 N.Y.S.3d 833 [2021], lv denied 37 N.Y.3d 1029, 153 N.Y.S.3d 409, 175 N.E.3d 434 [2021] ; People v. Howard, 190 A.D.3d at 1108–1109, 138 N.Y.S.3d 751 ). In any event, "nothing on the face of the plea colloquy suggests that defendant's claimed mental health issues hampered his ability to enter a knowing, intelligent and voluntary plea of guilty" ( People v. Thompson–Goggins, 182 A.D.3d 916, 918, 120 N.Y.S.3d 877 [2020] ) or that the purported lack of information regarding his maximum sentencing exposure influenced his decision to plead guilty (cf.

201 A.D.3d 1023

People v. Wheeler, 128 A.D.3d 1177, 1178, 8 N.Y.S.3d 736 [2015] ). Similarly, "defendant's plea was not rendered ineffective by his unsworn allocution because he was not required to recite...