People v. Jackson

• Decision Date: 31 December 1997
• Citation: 245 A.D.2d 964,667 N.Y.S.2d 133
• Parties: , 1997 N.Y. Slip Op. 11,398 The PEOPLE of the State of New York, Respondent, v. George JACKSON Jr., Appellant.
• Court: New York Supreme Court — Appellate Division

Page 133

667 N.Y.S.2d 133

245 A.D.2d 964, 1997 N.Y. Slip Op. 11,398

The PEOPLE of the State of New York, Respondent, v. George JACKSON Jr., Appellant.

Supreme Court, Appellate Division Third Department.

Dec. 31, 1997.

Cynthia Feathers, Saratoga Springs, for appellant.

Robert M. Carney, District Attorney (Alfred D. Chapleau, of counsel), Schenectady, for respondent.

Before CARDONA, P.J., and WHITE, PETERS, SPAIN and CARPINELLO, JJ.

PETERS, Justice.

Appeal from a judgment of the County Court of Schenectady County (Eidens, J.), rendered March 25, 1996, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.

On July 17, 1995, defendant was charged in a nine-count indictment with, among other crimes, burglary in the first degree, assault in the second degree and robbery in the second degree. Pursuant to CPL 710.30, the People notified defendant of their intent to offer oral and written statements made by him. Subsequently, a superseding 13-count indictment was filed against defendant stemming from the same incident. The People served defendant with a CPL 710.30 notice indicating that in addition to offering his oral and written statements, the People intended to introduce identification testimony.

Defendant moved, inter alia, to preclude the introduction of the identification testimony on the ground that the People were attempting to circumvent the requirements of CPL 710.30 and gained an unfair tactical advantage by not notifying defendant of the intent to use such evidence until the service of the second indictment. County Court, inter alia, denied defendant's motion regarding the CPL 710.30 notice. Thereafter, defendant pleaded guilty to robbery in the second degree and was sentenced as a second felony offender to a prison term of 7 1/2 to 15 years. Defendant appeals.

Upon our review of the record, we would conclude that defendant entered a knowing, voluntary and intelligent plea and waiver of appeal. During the plea allocution, defendant acknowledged that he understood the proceedings, that he wished to plead guilty of his own free will and that he understood the consequences of his waiver of his right to appeal (see, People v. Comer, 236 A.D.2d 658, 654 N.Y.S.2d 195, lv. denied 89 N.Y.2d 1090, 660 N.Y.S.2d 384, 682 N.E.2d 985). Contrary to defendant's contention, there is no requirement that a defendant personally recite the elements constituting the underlying crime charged (see, People v. Dewer, 243 A.D.2d 984, 663 N.Y.S.2d 425; People v. Kinch, 237 A.D.2d 830, 831, 655 N.Y.S.2d 191, 192, lv. denied 90 N.Y.2d 860, 661 N.Y.S.2d 186, 683 N.E.2d 1060).

In addition, by pleading guilty defendant forfeited his right to appellate review of his claim regarding the People's compliance with the notice requirements of CPL 710.30 (see, People v. Taylor, 65 N.Y.2d 1, 489 N.Y.S.2d 152, 478 N.E.2d 755; People v. Flakes, 240 A.D.2d 428, 658 N.Y.S.2d 106; People v. Hardy, 187 A.D.2d 810, 812, 589 N.Y.S.2d 966; People v. Collins, 156 A.D.2d 786, 549 N.Y.S.2d 206, lv. denied 75 N.Y.2d 867, 553 N.Y.S.2d 299, 552 N.E.2d 878). Even if...