People v. Hutter, 2014-08591, Ind. No. 2661-13.

CourtNew York Supreme Court Appellate Division
Citation63 N.Y.S.3d 391,154 A.D.3d 776
Docket Number2014-08591, Ind. No. 2661-13.
Parties The PEOPLE, etc., respondent, v. Steven W. HUTTER, appellant.
Decision Date11 October 2017

154 A.D.3d 776
63 N.Y.S.3d 391

The PEOPLE, etc., respondent,
v.
Steven W. HUTTER, appellant.

2014-08591, Ind. No. 2661-13.

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

Oct. 11, 2017.


63 N.Y.S.3d 392

Laurette D. Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant, and appellant pro se.

Thomas J. Spota, District Attorney, Riverhead, NY (Caren C. Manzello of counsel), for respondent.

RUTH C. BALKIN, J.P., LEONARD B. AUSTIN, SANDRA L. SGROI, and HECTOR D. LaSALLE, JJ.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Collins, J.), rendered August 20, 2014, convicting him of burglary in the first degree (two counts), burglary in the second degree (three counts), assault in the second degree (two counts), criminal mischief in the third degree, criminal mischief in the fourth degree, unlawful imprisonment in the second degree, and petit larceny, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of his right to appeal forecloses appellate review of his challenge to the factual sufficiency of his plea allocution (see People v. Thompson, 143 A.D.3d 1007, 39 N.Y.S.3d 800 ; People v. Pinero, 138 A.D.3d 763, 764, 27 N.Y.S.3d 883 ; People v. Devodier, 102 A.D.3d 884, 958 N.Y.S.2d 220 ).

The defendant's contention that his plea was not knowing, voluntary, and intelligent survives his valid appeal waiver (see People v. Magnotta, 137 A.D.3d 1303, 27 N.Y.S.3d 403 ). However, the defendant failed to preserve this contention for appellate review, since he did not move to vacate his plea or otherwise raise this issue before the County Court (see

People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, ...

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10 practice notes
  • People v. King, 2016–13481
    • United States
    • New York Supreme Court Appellate Division
    • February 27, 2019
    ...or otherwise raise this issue before the Supreme Court (see People v. Coachman, 154 A.D.3d at 957, 63 N.Y.S.3d 94 ; People v. Hutter, 154 A.D.3d 776, 63 N.Y.S.3d 391 ). In any event, the record reflects that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entere......
  • People v. Houston, 2018–03328
    • United States
    • New York Supreme Court — Appellate Division
    • June 19, 2019
    ...5 ; People v. Harris, 169 A.D.3d 924, 92 N.Y.S.3d 667 ; People v. Saliani, 163 A.D.3d 854, 854, 80 N.Y.S.3d 471 ; People v. Hutter, 154 A.D.3d 776, 776, 63 N.Y.S.3d 391 ). In addition, "the exception to the preservation requirement does not apply here, because the defendant's plea allo......
  • People v. Bryant, 2011–03441
    • United States
    • New York Supreme Court Appellate Division
    • March 7, 2018
    ...his right to appeal precludes appellate review of his challenge to the factual sufficiency of his plea allocutions (see People v. Hutter, 154 A.D.3d 776, 63 N.Y.S.3d 391 ; People v. Thompson, 143 A.D.3d 1007, 1008, 39 N.Y.S.3d 800 ; People v. Pinero, 138 A.D.3d 763, 764, 27 N.Y.S.3d 883 ).H......
  • Mcvetty v. Valley Stream Union Free Sch. Dist., 2015-08910, Index No. 7812/14.
    • United States
    • New York Supreme Court Appellate Division
    • October 11, 2017
    ...District's request for "any and all medical records relating to [the petitioner's] current state of health" was overly 63 N.Y.S.3d 391broad and not reasonably tailored in scope in that it sought medical records beyond those that were relevant to the petitioner's mental capacity to......
  • Request a trial to view additional results
10 cases
  • People v. King, 2016–13481
    • United States
    • New York Supreme Court Appellate Division
    • February 27, 2019
    ...or otherwise raise this issue before the Supreme Court (see People v. Coachman, 154 A.D.3d at 957, 63 N.Y.S.3d 94 ; People v. Hutter, 154 A.D.3d 776, 63 N.Y.S.3d 391 ). In any event, the record reflects that the defendant's plea of guilty was knowingly, voluntarily, and intelligently entere......
  • People v. Houston, 2018–03328
    • United States
    • New York Supreme Court — Appellate Division
    • June 19, 2019
    ...5 ; People v. Harris, 169 A.D.3d 924, 92 N.Y.S.3d 667 ; People v. Saliani, 163 A.D.3d 854, 854, 80 N.Y.S.3d 471 ; People v. Hutter, 154 A.D.3d 776, 776, 63 N.Y.S.3d 391 ). In addition, "the exception to the preservation requirement does not apply here, because the defendant's plea allocutio......
  • People v. Bryant, 2011–03441
    • United States
    • New York Supreme Court Appellate Division
    • March 7, 2018
    ...his right to appeal precludes appellate review of his challenge to the factual sufficiency of his plea allocutions (see People v. Hutter, 154 A.D.3d 776, 63 N.Y.S.3d 391 ; People v. Thompson, 143 A.D.3d 1007, 1008, 39 N.Y.S.3d 800 ; People v. Pinero, 138 A.D.3d 763, 764, 27 N.Y.S.3d 883 ).H......
  • Mcvetty v. Valley Stream Union Free Sch. Dist., 2015-08910, Index No. 7812/14.
    • United States
    • New York Supreme Court Appellate Division
    • October 11, 2017
    ...evidence.The District's request for "any and all medical records relating to [the petitioner's] current state of health" was overly 63 N.Y.S.3d 391broad and not reasonably tailored in scope in that it sought medical records beyond those that were relevant to the petitioner's mental capacity......
  • Request a trial to view additional results

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