People v. Guyette

Decision Date30 October 2014
Citation2014 N.Y. Slip Op. 07385,995 N.Y.S.2d 395,121 A.D.3d 1430
PartiesThe PEOPLE of the State of New York, Respondent, v. Joseph GUYETTE, Appellant.
CourtNew York Supreme Court — Appellate Division

?121 A.D.3d 1430
995 N.Y.S.2d 395
2014 N.Y. Slip Op. 07385

The PEOPLE of the State of New York, Respondent,
v.
Joseph GUYETTE, Appellant.

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

Oct. 30, 2014


Affirmed.

[995 N.Y.S.2d 396]

Barrett D. Mack, Albany, for appellant.

Karen A. Heggen, Acting District Attorney, Ballston Spa (Ann C. Sullivan of counsel), for respondent.


Before: STEIN, J.P., McCARTHY, EGAN JR., LYNCH and CLARK, JJ. EGAN JR., J.

Appeal from a judgment of the County Court of Saratoga County (Scarano, J.), rendered March 25, 2013, convicting defendant upon his plea of guilty of the crimes of promoting a sexual performance by a child (10 counts) and possessing a sexual performance by a child (10 counts).

In full satisfaction of a 74–count indictment (as well as any additional charges stemming from the images seized from defendant's residence in April 2011), defendant pleaded guilty to 10 counts of promoting a sexual performance by a child and 10 counts of possessing a sexual performance by a child and waived his right to appeal. County Court denied defendant's subsequent request to redact certain information from the presentence investigation report and sentenced defendant to the

[995 N.Y.S.2d 397]

agreed-upon prison term of 1 to 3 years on each count—said sentences to run concurrently. Defendant now appeals.

To the extent that defendant contends that his waiver of the right to appeal was invalid, we disagree. A review of the plea colloquy reveals that County Court explained the separate and distinct nature of such waiver and, further, confirmed that defendant understood the written waiver that he executed following consultation with counsel. Accordingly, we conclude that defendant's waiver of the right to appeal his conviction and sentence was knowing, intelligent and voluntary ( see People v. Munger, 117 A.D.3d 1343, 1343, 987 N.Y.S.2d 118 [2014], lv. denied 23 N.Y.3d 1040, 993 N.Y.S.2d 254, 17 N.E.3d 509 [2014]; People v. Fligger, 117 A.D.3d 1343, 1344, 986 N.Y.S.2d 689 [2014], lv. denied 23 N.Y.3d 1061, 994 N.Y.S.2d 321, 18 N.E.3d 1142 [2014]; People v. Graves, 113 A.D.3d 998, 999, 978 N.Y.S.2d 918 [2014], lv. denied 23 N.Y.3d 1037, 993 N.Y.S.2d 250, 17 N.E.3d 505 [2014] ). In light of defendant's valid waiver, he is precluded from challenging County Court's suppression and Molineux rulings ( see People v. Lopez, 118 A.D.3d 1190, 1190, 987 N.Y.S.2d 266 [2014]; People v. Mattison, 94 A.D.3d 1157, 1158, 941 N.Y.S.2d 528 [2012] ), as well as County Court's denial of his application to redact certain statements and information from the presentence investigation report ( see People v. Abdul, 112 A.D.3d 644, 645, 976 N.Y.S.2d 187 [2013], lv. denied 22 N.Y.3d 1136, 983 N.Y.S.2d 495, 6 N.E.3d 614 [2014]; People v. Moquette, 200 A.D.2d 854, 854, 606 N.Y.S.2d 820 [1994], lv. denied 83 N.Y.2d 874, 613 N.Y.S.2d 135, 635 N.E.2d 304 [1994] ).

Although defendant's challenge to the voluntariness of his plea survives his valid waiver of appeal, this issue nonetheless is unpreserved for our review absent evidence of an appropriate postallocution motion ( see People v. Dozier, 115 A.D.3d 1001, 1001, 981 N.Y.S.2d 626 [2014]; People v. Sylvan, 107 A.D.3d 1044, 1045, 968 N.Y.S.2d 628 [2013], lv. denied 22 N.Y.3d 1141, 983 N.Y.S.2d 500, 6 N.E.3d 619 [2014] ).1 Moreover, the narrow exception to the preservation requirement was not implicated here, as defendant did not make any statements during his plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea ( see People v. Hare, 110 A.D.3d 1117, 1117, 972 N.Y.S.2d 361 [2013]; People v. Revette, 102 A.D.3d 1065, 1066, 958 N.Y.S.2d 805 [2013] ). In any event, defendant's present claim—that he is “borderline mentally retarded”—finds no support in the record. Notably, defendant expressly denied taking “any kind of drugs or medication” or “suffering from any kind of illness that would make it difficult for [him] to understand what [was] being said” during the plea colloquy, and our review of the record fails to disclose any indication that defendant suffered from an...

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  • People v. Bowden
    • United States
    • New York Supreme Court Appellate Division
    • November 7, 2019
    ...a result of defendant's valid waiver of appeal, he is precluded from contesting County Court's Molineux rulings (see People v. Guyette, 121 A.D.3d 1430, 1431, 995 N.Y.S.2d 395 [2014], lv denied 27 N.Y.3d 998, 38 N.Y.S.3d 108, 59 N.E.3d 1220 [2016] ; People v. Wolz, 112 A.D.3d 1150, 1152, 97......
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    ...127 A.D.3d 1433, 1434, 6 N.Y.S.3d 806 [2015], lv. denied 27 N.Y.3d 994, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016] ; People v. Guyette, 121 A.D.3d 1430, 1431, 995 N.Y.S.2d 395 [2014], lv. denied 27 NY3d 998, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016] ), his claim is not preserved for our revi......
  • People v. Guyette
    • United States
    • New York Supreme Court Appellate Division
    • October 30, 2014
    ...995 N.Y.S.2d 395The PEOPLE of the State of New York, Respondent,v.Joseph GUYETTE, Appellant.Supreme Court, Appellate Division, Third Department, New York.Oct. 30, 2014.995 N.Y.S.2d 396 Barrett D. Mack, Albany, for appellant.Karen A. Heggen, Acting District Attorney, Ballston Spa (Ann C. Sul......
  • People v. Cogdell
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    ...As a preliminary matter, inasmuch as the record does not reflect that defendant waived his right to appeal (compare People v. Guyette, 121 A.D.3d 1430, 1431, 995 N.Y.S.2d 395 [2014] ), and because defendant did not enter his plea until after County Court denied his request to suppress the d......
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