People v. Frasier

Citation105 A.D.3d 1079,962 N.Y.S.2d 787,2013 N.Y. Slip Op. 02289
PartiesThe PEOPLE of the State of New York, Respondent, v. Ronald FRASIER, Appellant.
Decision Date04 April 2013
CourtNew York Supreme Court Appellate Division

105 A.D.3d 1079
962 N.Y.S.2d 787
2013 N.Y. Slip Op. 02289

The PEOPLE of the State of New York, Respondent,
v.
Ronald FRASIER, Appellant.

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

April 4, 2013.



Matthew J. Leonardo, Albany, for appellant, and appellant pro se.

Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.


Before: MERCURE, J.P., SPAIN, McCARTHY and GARRY, JJ.

McCARTHY, J.

[105 A.D.3d 1079]Appeal from a judgment of the County Court of Schenectady County (Hoye, J.), rendered September 8, 2010, convicting

[962 N.Y.S.2d 788]

defendant upon his plea of guilty of the crime of murder in the second degree.

During an altercation at a night club, defendant and his codefendant brother allegedly shot two victims, killing one and injuring the other. In connection with this incident, defendant was charged by indictment with murder in the second degree, assault in the first degree (three counts), attempted murder in the second degree, criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree. The indictment additionally charged him with criminal possession of a weapon in the second degree (three counts) and criminal possession of a weapon in the third degree (four counts) in connection with several other incidents. After a week of trial, defendant pleaded guilty to murder in the second degree in satisfaction of all of the charges.1 County Court imposed the agreed-upon prison sentence of 18 years to life. Defendant appeals.

Once the indictment was returned, defendant's habeus corpus petition, seeking his release pursuant to CPL 190.80, was rendered moot and the exception to the mootness doctrine does not apply ( see People v. Bellamy, 85 A.D.3d 1395, 1396, 925 N.Y.S.2d 701 [2011];People v. Phillips, 277 A.D.2d 816, 819, 715 N.Y.S.2d 793 [2000],lv. denied[105 A.D.3d 1080]96 N.Y.2d 804, 726 N.Y.S.2d 382, 750 N.E.2d 84 [2001] ). Thus, we will not address County Court's handling of that petition.

After reviewing County Court's oral discussion of defendant's waiver of the right to appeal and the executed written waiver, we conclude that defendant validly waived his right to appeal ( see People v. White, 96 A.D.3d 1299, 1299–1300, 946 N.Y.S.2d 717 [2012],lv. denied19 N.Y.3d 1029, 953 N.Y.S.2d 563, 978 N.E.2d 115 [2012];People v. Clemons, 96 A.D.3d 1086, 1087, 945 N.Y.S.2d 492 [2012],lv. denied19 N.Y.3d 1101, 955 N.Y.S.2d 557, 979 N.E.2d 818 [2012] ). A valid waiver precludes arguments concerning rulings on technical or evidentiary matters, but claims survive the waiver if the alleged defects are jurisdictional or of a constitutional nature that go to the heart of the process ( see People v. Maye, 69 A.D.3d 1115, 1116, 893 N.Y.S.2d 375 [2010],lv. denied15 N.Y.3d 807, 908 N.Y.S.2d 167, 934 N.E.2d 901 [2010] ). Among the arguments foreclosed by defendant's waiver are his assertions that County Court erred in its...

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13 cases
  • People v. Brasmeister
    • United States
    • New York Supreme Court Appellate Division
    • February 11, 2016
    ...123 A.D.3d 1339, 1339, 999 N.Y.S.2d 265 [2015], lv. denied 26 N.Y.3d 970, 18 N.Y.S.3d 606, 40 N.E.3d 584 [2015] ; People v. Frasier, 105 A.D.3d 1079, 1080, 962 N.Y.S.2d 787 [2013], lv. denied 22 N.Y.3d 1088, 981 N.Y.S.2d 673, 4 N.E.3d 975 [2014] ; People v. White, 96 A.D.3d 1299, 1299–1300,......
  • People v. Grimes
    • United States
    • New York Supreme Court Appellate Division
    • March 21, 2014
    ...evidence in support of proposed charges that were not previously considered by the grand jury ( see generally People v. Frasier, 105 A.D.3d 1079, 1080, 962 N.Y.S.2d 787;People v. Lyons, 40 A.D.3d 1121, 1122, 837 N.Y.S.2d 706,lv. denied9 N.Y.3d 878, 842 N.Y.S.2d 790, 874 N.E.2d 757;People v.......
  • People v. Peterson
    • United States
    • New York Supreme Court Appellate Division
    • February 9, 2017
    ...117 A.D.3d 1326, 1326, 986 N.Y.S.2d 670 [2014], lv. denied 24 N.Y.3d 1003, 997 N.Y.S.2d 121, 21 N.E.3d 573 [2014] ; People v. Frasier, 105 A.D.3d 1079, 1080, 962 N.Y.S.2d 787 [2013], lv. denied 22 N.Y.3d 1088, 981 N.Y.S.2d 673, 4 N.E.3d 975 [2014] ). The valid appeal waivers preclude defend......
  • People v. Viele
    • United States
    • New York Supreme Court Appellate Division
    • July 2, 2015
    ...117 A.D.3d 1326, 1326, 986 N.Y.S.2d 670 [2014], lv. denied 24 N.Y.3d 1003, 997 N.Y.S.2d 121, 21 N.E.3d 573 [2014] ; People v. Frasier, 105 A.D.3d 1079, 1080, 962 N.Y.S.2d 787 [2013], lv. denied 22 N.Y.3d 1088, 981 N.Y.S.2d 673, 4 N.E.3d 975 [2014] ). Defendant's valid appeal waiver foreclos......
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