People v. Goode-Ford

• Decision Date: 25 May 2022
• Docket Number: 2020–02324,S.C.I. No. 16–00585
• Citation: People v. Goode-Ford, 205 A.D.3d 1051, 166 N.Y.S.3d 904(Mem) (N.Y. App. Div. 2022)
• Parties: The PEOPLE, etc., respondent, v. Kaliek GOODE–FORD, appellant.
• Court: New York Supreme Court — Appellate Division

205 A.D.3d 1051

166 N.Y.S.3d 904 (Mem)

The PEOPLE, etc., respondent,

v.Kaliek GOODE–FORD, appellant.

2020–02324

S.C.I. No. 16–00585

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

Submitted—April 21, 2022

May 25, 2022

Samuel S. Coe, White Plains, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.

BETSY BARROS, J.P., ANGELA G. IANNACCI, ROBERT J. MILLER, PAUL WOOTEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County(Robert H. Freehill, J.), rendered January 28, 2020, convicting him of attempted criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree, and criminal possession of a controlled substance in the seventh degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The County Court providently exercised its discretion in denying, without a hearing, the defendant's motion to withdraw his plea of guilty.Reviewing the record as a whole, we conclude that the defendant's plea of guilty was knowingly, voluntarily, and intelligently made (seePeople v. Jamison , 197 A.D.3d 569, 570, 151 N.Y.S.3d 694;People v. Meyn , 193 A.D.3d 1080, 1081, 146 N.Y.S.3d 305 ).Further, there is no support in the record for the defendant's contention that he lacked the capacity to understand the proceedings against him (seePeople v. Arce , 196 A.D.3d 696, 697, 148 N.Y.S.3d 687 ).

The defendant's contention that the County Court should have held a hearing prior to imposing an enhanced sentence is unpreserved for appellate review, since the defendant neither requested such a hearing nor moved to withdraw his plea on this ground (seePeople v. Shealy,195 A.D.3d 1047, 1048, 146 N.Y.S.3d 797 ).In any event, the court providently exercised its discretion in imposing the enhanced sentence without a hearing, since the defendant did not...