People v. Gumbs
| Decision Date | 07 February 2019 |
| Docket Number | 109093 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Anton C. GUMBS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
169 A.D.3d 1119
92 N.Y.S.3d 758
The PEOPLE of the State of New York, Respondent,
v.
Anton C. GUMBS, Appellant.
109093
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: January 9, 2019
Decided and Entered: February 7, 2019
Craig S. Leeds, Albany, for appellant.
P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Mulvey, Devine and Rumsey, JJ.
MEMORANDUM AND ORDER
Mulvey, J.
In satisfaction of a four-count indictment, defendant pleaded guilty to robbery in the first degree and waived his right to appeal. He was sentenced as a second felony offender to the agreed-upon prison term of 18 years, followed by five years of postrelease supervision. Defendant appeals.
Defendant contends that, given his posttraumatic stress disorder and other mental health issues noted in the presentence report and his assertion at sentencing that his judgment is, at times, clouded because of his mental health deficiencies, the knowing and voluntary nature of his plea was called into question and County Court should have conducted a competency hearing before final judgment was entered. In addition, defendant contends that, because defense counsel did not request a competency hearing, he received the ineffective assistance of counsel.
Defendant's contentions — to the extent that they impact the voluntariness of his plea — survive his unchallenged waiver of the right to appeal but are unpreserved for our review as the record does not reflect that defendant made an appropriate postallocution motion (see People v. Chavis, 117 A.D.3d 1193, 1194, 987 N.Y.S.2d 111 [2014] ; People v. Bennett, 30 A.D.3d 631, 631, 817 N.Y.S.2d 399 [2006], lv denied 7 N.Y.3d 809, 822 N.Y.S.2d 484, 855 N.E.2d 800 [2006] ). Further, despite defendant's contention to the contrary, we are unpersuaded that defendant's statements regarding his overall mental health cast doubt on his guilt or otherwise called into question the voluntariness of his plea so as to trigger the narrow exception to the preservation requirement (see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ; People...
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