People v. Dunkins

Citation647 N.Y.S.2d 107,231 A.D.2d 587
PartiesThe PEOPLE, etc., Respondent, v. Mazi DUNKINS, Appellant.
Decision Date16 September 1996
CourtNew York Supreme Court Appellate Division

Howard R. Teichner, Plainview, for appellant.

Richard A. Brown, District Attorney, Kew Gardens (Steven J. Chananie and Sharon Y. Brodt, of counsel; Alyson Weckstein, on the brief), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Clabby, J.), rendered December 20, 1993, convicting him of rape in the first degree, sodomy in the first degree, and burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

On appeal, the defendant argues that his arrest was without probable cause, that the lineup was improperly conducted, and that the court improperly denied his pro se application to remove assigned counsel and to assign new counsel. However, the defendant waived appellate review of these issues as part of his negotiated plea agreement (see, People v. Callahan, 80 N.Y.2d 273, 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). Moreover, appellate review was foreclosed when the defendant agreed to withdraw all motions, including his pro se motion, as part of the plea agreement. He also forfeited his right to appellate review of the issues raised in his suppression motion by entering a plea of guilty before the conclusion of the suppression hearing (see, People v. Fernandez, 67 N.Y.2d 686, 499 N.Y.S.2d 919, 490 N.E.2d 838).

By failing to move to withdraw his guilty plea, the defendant has failed to preserve his present claim that the plea was involuntarily entered (see, People v. Pellegrino, 60 N.Y.2d 636, 467 N.Y.S.2d 355, 454 N.E.2d 938). In any event, the record clearly demonstrates that the defendant knowingly, voluntarily, and intelligently pleaded guilty (see, People v. Harris, 61 N.Y.2d 9, 471 N.Y.S.2d 61, 459 N.E.2d 170).

ROSENBLATT, J.P., and RITTER, COPERTINO and SANTUCCI, JJ., concur.

To continue reading

Request your trial
5 cases
  • People v. Viscomi, 4
    • United States
    • New York Supreme Court Appellate Division
    • September 28, 2001
    ...Court erred in accepting his guilty plea without first considering his application for new assigned counsel (see, People v Dunkins, 231 A.D.2d 587, lv denied 89 N.Y.2d 863; see also, People v Morgan, 275 A.D.2d 970, lv denied 96 N.Y.2d 761; People v Segrue, 274 A.D.2d 671, lv denied 95 N.Y.......
  • People v. Griffin
    • United States
    • New York Supreme Court Appellate Division
    • May 26, 1998
    ...is not preserved for appellate review (see, People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Dunkins, 231 A.D.2d 587, 588, 647 N.Y.S.2d 107; People v. Parnell, 228 A.D.2d 622, 644 N.Y.S.2d 640). In addition, this is not one of those "rare case[s]" in which th......
  • People v. Milonas
    • United States
    • New York Supreme Court Appellate Division
    • October 19, 1998
    ...91 N.Y.2d 570, 673 N.Y.S.2d 358, 696 N.E.2d 182; People v. Callahan, 80 N.Y.2d 273, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Dunkins, 231 A.D.2d 587, 647 N.Y.S.2d 107; see also, People v. Allen, 82 N.Y.2d 761, 603 N.Y.S.2d 820, 623 N.E.2d 1170; People v. Gladkowski, 244 A.D.2d 570, 665 N.......
  • People v. Wisniewski, 548
    • United States
    • New York Supreme Court Appellate Division
    • April 27, 2018
    ...guilty, defendant forfeited review of the merits of his contention regarding the audibility of certain evidence (see People v. Dunkins, 231 A.D.2d 587, 588, 647 N.Y.S.2d 107 [2d Dept. 1996], lv denied 89 N.Y.2d 863, 653 N.Y.S.2d 286, 675 N.E.2d 1239 [1996] ; see also People v. Alvarado, 103......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT