People v. Jackson

• Decision Date: 13 February 2014
• Parties: The PEOPLE, etc., respondent, v. Robert L. JACKSON, appellant.
• Court: New York Supreme Court — Appellate Division

114 A.D.3d 807
979 N.Y.S.2d 704
2014 N.Y. Slip Op. 01018

The PEOPLE, etc., respondent,
v.
Robert L. JACKSON, appellant.

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

Feb. 13, 2014.

[979 N.Y.S.2d 705]

Mark Diamond, New York, N.Y., for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.

PETER B. SKELOS, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS, and ROBERT J. MILLER, JJ.

Appeal by the defendant from a judgment of the County Court, Suffolk County (Braslow, J.), rendered September 8, 2011, convicting him of robbery in the first degree and kidnapping in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that his plea of guilty was not knowingly or voluntarily entered is unpreserved for appellate review because he did not move to vacate his plea or otherwise raise the issue in the County Court ( seeCPL 470.05[2]; People v. Folger, 110 A.D.3d 736, 971 N.Y.S.2d 890; People v. Nugent, 109 A.D.3d 625, 970 N.Y.S.2d 634; cf. People v. Tyrell, 22 N.Y.3d 359, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ). In any event, the contention is without merit. Although the defendant was not advised by the County Court of each of the federal constitutional rights he was waiving by pleading guilty, a plea of guilty “will not be invalidated ‘solely because the Trial Judge failed to specifically enumerate all the rights to which the defendant was entitled and to elicit from him or her a list of detailed waivers before accepting the guilty plea’ ” (People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346, 2013 N.Y. Slip Op. 08288, *5, quoting People v. Harris, 61 N.Y.2d 9, 16, 471 N.Y.S.2d 61, 459 N.E.2d 170). Here, since the defendant was expressly advised by the County Court that a plea of guilty involved the waiver of certain constitutional rights, and in light of the defendant's background, the rationality of the plea, and the other assurances of voluntariness provided on the record, the record as a whole reflected a knowing and voluntary plea of guilty and waiver of constitutional rights ( see People v. Harris, 61 N.Y.2d at 21–22, 471 N.Y.S.2d 61, 459 N.E.2d 170; People v. Sargent, 100 A.D.2d 978, 475 N.Y.S.2d 117; People v. Mitchell, 121 A.D.2d 403, 502 N.Y.S.2d 805).

Contrary to the People's contention, the defendant's challenge to his adjudication as a second felony offender is not precluded by his purported waiver of his right to appeal since that waiver was invalid ( see People v. Elmer, 19 N.Y.3d 501, 950 N.Y.S.2d 77, 973 N.E.2d 172; People v. Salgado, 111 A.D.3d 859, 975 N.Y.S.2d 172; People v. Oquendo, 105 A.D.3d 447, 447–448, 963 N.Y.S.2d 71; People v. Grant, 83 A.D.3d 862, 863, 921 N.Y.S.2d 285). During the plea proceeding, the defendant was merely told by the County Court that it “want[ed]” him to waive his right to appeal and that, after sentencing, the case would be over ( see People v. Boustani, 300 A.D.2d 313, 314, 752 N.Y.S.2d 683 [“bare inquiry” that defendant understood that he was waiving his right to appeal was insufficient to produce a valid waiver]; see also People v. Salgado, 111 A.D.3d at 859, 975 N.Y.S.2d 172...