People v. Hudson, 106221

• Decision Date: 23 July 2015
• Docket Number: 106221
• Parties: The PEOPLE of the State of New York, Respondent, v. Michael T. HUDSON, Appellant.
• Court: New York Supreme Court — Appellate Division

130 A.D.3d 1320
14 N.Y.S.3d 231
2015 N.Y. Slip Op. 06270

The PEOPLE of the State of New York, Respondent
v.
Michael T. HUDSON, Appellant.

106221

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

July 23, 2015.

14 N.Y.S.3d 232

Cappy Weiner, Kingston, for appellant.

James R. Farrell, District Attorney, Monticello (Michael J. Andreani of counsel), for respondent.

Before: GARRY, J.P., EGAN JR., ROSE and LYNCH, JJ.

Opinion

EGAN JR., J.

130 A.D.3d 1320

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered September 6, 2013, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

In full satisfaction of a five-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal. Defendant thereafter was sentenced, as an admitted second felony offender, to the agreed-upon prison term of 11 years followed by five years of postrelease supervision. Defendant now appeals.

We affirm. Initially, the record reflects that County Court adequately explained the separate and distinct nature of the waiver of the right to appeal and that defendant thereafter executed a detailed written waiver to that effect. Accordingly, we are satisfied that defendant's waiver of the right to appeal his conviction and sentence was knowing, intelligent and voluntary (see People v. Sibounhome, 125 A.D.3d 1059, 1059, 3 N.Y.S.3d 192 [2015] ; People v. Oginski, 123 A.D.3d 1303, 1303, 996 N.Y.S.2d 799 [2014] ).

As to the remaining arguments, to the extent that defendant's brief may be read as challenging the voluntariness of his plea, we note that although this issue survives defendant's waiver of the right to appeal, it is unpreserved for our review absent evidence of an appropriate postallocution motion (see People v. Kormos, 126 A.D.3d 1039, 1040, 4 N.Y.S.3d 390 [2015] ; People v. Merrill, 123 A.D.3d 1339, 1339–1340, 999 N.Y.S.2d 265 [2014] ), as is defendant's claim of coercion (see People v. Ross, 117 A.D.3d 1342, 1342–1343, 986 N.Y.S.2d 687 [2014] ; People v. Colon, 106 A.D.3d 1367, 1368, 966 N.Y.S.2d 269...