People v. Gumpton

Decision Date19 November 2021
Docket Number979,KA 19-00934
Citation154 N.Y.S.3d 896 (Mem),199 A.D.3d 1485
Parties The PEOPLE of the State of New York, Respondent, v. Priscilla GUMPTON, Defendant-Appellant.
CourtNew York Supreme Court — Appellate Division

DAVID R. MORABITO, EAST ROCHESTER, FOR DEFENDANT-APPELLANT.

JOSEPH V. CARDONE, DISTRICT ATTORNEY, ALBION (SUSAN M. HOWARD OF COUNSEL), FOR RESPONDENT.

PRESENT: CARNI, J.P., LINDLEY, NEMOYER, WINSLOW, AND BANNISTER, JJ.

MEMORANDUM AND ORDER

It is hereby ORDERED that the case is held, the decision is reserved and the matter is remitted to Orleans County Court for further proceedings in accordance with the following memorandum: Defendant appeals from a judgment convicting her, upon her plea of guilty, of attempted promoting prison contraband in the first degree ( Penal Law §§ 110.00, 205.25 [1] ). Because defendant's challenge to the voluntariness of her plea would survive even a valid waiver of the right to appeal, we need not address the validity of that waiver (see People v. Judy , 191 A.D.3d 1454, 1455, 138 N.Y.S.3d 434 [4th Dept. 2021], lv denied 36 N.Y.3d 1121, 146 N.Y.S.3d 209, 169 N.E.3d 567 [2021] ). We agree with defendant that County Court erred in denying her motion to withdraw her plea without a hearing because the record—specifically, defense counsel's affidavit swearing that defendant's plea was coerced—"raises a legitimate question as to the voluntariness of the plea" ( People v. Brown , 14 N.Y.3d 113, 116, 897 N.Y.S.2d 674, 924 N.E.2d 782 [2010] ; see People v. Hall , 138 A.D.3d 1407, 1407-1408, 30 N.Y.S.3d 422 [4th Dept. 2016] ). We therefore hold the case, reserve decision, and remit the matter to County Court to appoint new defense counsel and to rule on defendant's motion to withdraw her plea following an evidentiary hearing.

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4 cases
  • People v. Morrison
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Mayo 2023
    ... ... Inasmuch ... as both claims would survive even a valid waiver of the right ... to appeal, we need not address the validity of ... defendant's waiver of the right to appeal (see People ... v Davis, 206 A.D.3d 1603, 1604 [4th Dept 2022]; ... People v Gumpton, 199 A.D.3d 1485, 1485 [4th Dept ... 2021]; People v Gessner, 155 A.D.3d 1668, 1669 [4th ... Dept 2017]; People v Williams, 120 A.D.3d 1526, ... 1526-1527 [4th Dept 2014], lv denied 24 N.Y.3d 1090 ... [2014]). Defendant contends that he did not receive the ... benefit of the plea bargain ... ...
  • People v. Barnes
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Junio 2022
    ... ... We affirm ... Preliminarily, because defendant's challenges to the ... voluntariness of his plea would survive even a valid waiver ... of the right to appeal, we need not address the validity of ... that waiver in regard to those contentions (see People v ... Gumpton, 199 A.D.3d 1485, 1485 [4th Dept 2021]) ...          Defendant ... contends that his guilty plea was involuntary because, during ... the plea colloquy, County Court referenced only his right to ... a trial, not his right to a jury trial. As defendant ... correctly concedes, he failed ... ...
  • People v. Nelson
    • United States
    • New York Supreme Court — Appellate Division
    • 10 Junio 2022
    ... ... [3]). Preliminarily, because defendant's challenges to ... the voluntariness of his plea would survive even a valid ... waiver of his right to appeal, we need not address the ... validity of that waiver in this case (see People v ... Gumpton, 199 A.D.3d 1485, 1485 [4th Dept 2021]) ...          Defendant ... contends that his guilty plea was involuntary because County ... Court failed to inform him of a purported direct consequence ... thereof, i.e., that a new violent felony conviction in New ... York would result in an ... ...
  • People v. Gumpton
    • United States
    • New York Supreme Court — Appellate Division
    • 5 Mayo 2023

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