People v. Hakkenberg

CourtNew York Supreme Court Appellate Division
Writing for the CourtDEVINE, J.
Citation142 A.D.3d 1251,37 N.Y.S.3d 918 (Mem),2016 N.Y. Slip Op. 06271
Decision Date29 September 2016
PartiesThe PEOPLE of the State of New York, Respondent, v. James HAKKENBERG, Appellant.

142 A.D.3d 1251
37 N.Y.S.3d 918 (Mem)
2016 N.Y. Slip Op. 06271

The PEOPLE of the State of New York, Respondent,
v.
James HAKKENBERG, Appellant.

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

Sept. 29, 2016.


Sandra M. Colatosti, Albany, for appellant.

P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), for respondent.

Before: McCARTHY, J.P., EGAN JR., DEVINE, CLARK and AARONS, JJ.

DEVINE, J.

142 A.D.3d 1251

Appeal from a judgment of the County Court of Albany County (Herrick, J.), entered June 24, 2014, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

In satisfaction of a six-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. County Court imposed the agreed-upon prison sentence

142 A.D.3d 1252

of 12 years with five years of postrelease supervision and ordered defendant to pay restitution. Defendant appeals.

We affirm. Initially, defendant argues that his guilty plea was involuntary because he was not informed about his predicate sentencing status. This claim was not adequately preserved for our review by a timely postallocution motion to withdraw his plea (see People v. Lewis, 138 A.D.3d 1346, 1347, 30 N.Y.S.3d 387 [2016] ).1 Defendant, in any event, was made aware during the plea colloquy that his prior felony convictions may or may not result in second felony offender sentencing and that his status in that regard, which would not affect the agreed-upon sentence, would be determined at sentencing. County Court determined at sentencing that defendant's prior convictions did not qualify him for predicate sentencing and imposed the promised sentence. Under these circumstances, were we to address this claim, we would find that his guilty plea was voluntary, knowing and intelligent (see People v. Haffiz, 19 N.Y.3d 883, 884, 951 N.Y.S.2d 690, 976 N.E.2d 216 [2012] ; People v.

Medina, 129 A.D.3d 1385, 1386, 12 N.Y.S.3d 352 [2015], lv. denied 26 N.Y.3d 1090, 23 N.Y.S.3d 647, 44 N.E.3d 945 [2015] ).

Defendant also...

To continue reading

Request your trial
8 practice notes
  • People v. Mahon
    • United States
    • New York Supreme Court Appellate Division
    • March 9, 2017
    ...imposed at sentencing (see People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132 [2002] ; People v. Hakkenberg, 142 A.D.3d 1251, 1252, 37 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 1072 [2016] ; 48 N.Y.S.3d 844People v. Disotell, 123 A.D.3d 1230, 1231, 999 N.Y.S.2d 240 [......
  • People v. Tetreault, 107729.
    • United States
    • New York Supreme Court Appellate Division
    • July 27, 2017
    ...by his uncontested appeal waiver, which the record establishes was knowing, voluntary and intelligent (see People v. Hakkenberg, 142 A.D.3d 1251, 1252, 37 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 1072, 47 N.Y.S.3d 231, 69 N.E.3d 1027 [2016] ; People v. Zippo, 136 A.D.3d 1222, 1222–1223, 25......
  • People v. Ortiz
    • United States
    • New York Supreme Court Appellate Division
    • March 9, 2017
    ...1176, 1176, 910 N.Y.S.2d 235 [2010], lv. denied 17 N.Y.3d 816, 929 N.Y.S.2d 805, 954 N.E.2d 96 [2011] ; compare People v. Hakkenberg, 142 A.D.3d 1251, 1252, 37 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 1072, 47 N.Y.S.3d 231, 69 N.E.3d 1027 [2016] ; People v. Miller, 137 A.D.3d 1485, 1486, 2......
  • People v. Lloyd
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2016
    ...v. Gonzalez, 138 A.D.3d 1353, 1354, 28 N.Y.S.3d 919 [2016] ; People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied 142 A.D.3d 1251 27 N.Y.3d 1135, 2016 WL 3767657 [2016] ). Although his appeal waiver, even if valid, would not preclude his challenge to the voluntariness ......
  • Request a trial to view additional results
8 cases
  • People v. Mahon
    • United States
    • New York Supreme Court Appellate Division
    • March 9, 2017
    ...imposed at sentencing (see People v. Horne, 97 N.Y.2d 404, 414 n. 3, 740 N.Y.S.2d 675, 767 N.E.2d 132 [2002] ; People v. Hakkenberg, 142 A.D.3d 1251, 1252, 37 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 1072 [2016] ; 48 N.Y.S.3d 844People v. Disotell, 123 A.D.3d 1230, 1231, 999 N.Y.S.2d 240 [......
  • People v. Tetreault, 107729.
    • United States
    • New York Supreme Court Appellate Division
    • July 27, 2017
    ...by his uncontested appeal waiver, which the record establishes was knowing, voluntary and intelligent (see People v. Hakkenberg, 142 A.D.3d 1251, 1252, 37 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 1072, 47 N.Y.S.3d 231, 69 N.E.3d 1027 [2016] ; People v. Zippo, 136 A.D.3d 1222, 1222–1223, 25......
  • People v. Ortiz
    • United States
    • New York Supreme Court Appellate Division
    • March 9, 2017
    ...1176, 1176, 910 N.Y.S.2d 235 [2010], lv. denied 17 N.Y.3d 816, 929 N.Y.S.2d 805, 954 N.E.2d 96 [2011] ; compare People v. Hakkenberg, 142 A.D.3d 1251, 1252, 37 N.Y.S.3d 918 [2016], lv. denied 28 N.Y.3d 1072, 47 N.Y.S.3d 231, 69 N.E.3d 1027 [2016] ; People v. Miller, 137 A.D.3d 1485, 1486, 2......
  • People v. Lloyd
    • United States
    • New York Supreme Court Appellate Division
    • September 29, 2016
    ...v. Gonzalez, 138 A.D.3d 1353, 1354, 28 N.Y.S.3d 919 [2016] ; People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied 142 A.D.3d 1251 27 N.Y.3d 1135, 2016 WL 3767657 [2016] ). Although his appeal waiver, even if valid, would not preclude his challenge to the voluntariness ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT