People v. Johnson

• Decision Date: 20 May 2021
• Docket Number: 111148, 111892
• Citation: 194 A.D.3d 1267,147 N.Y.S.3d 258
• Parties: The PEOPLE of the State of New York, Respondent, v. Robert JOHNSON, Appellant.
• Court: New York Supreme Court — Appellate Division

194 A.D.3d 1267
147 N.Y.S.3d 258

The PEOPLE of the State of New York, Respondent,
v.
Robert JOHNSON, Appellant.

111148, 111892

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

Calendar Date: April 22, 2021
Decided and Entered: May 20, 2021

147 N.Y.S.3d 259

Todd G. Monahan, Schenectady, for appellant.

David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Lynch and Colangelo, JJ.

MEMORANDUM AND ORDER

Lynch, J.

Appeals (1) from a judgment of the County Court of Ulster County (Williams, J.), rendered February 7, 2019, convicting defendant upon his plea of guilty of the

147 N.Y.S.3d 260

crime of attempted assault in the second degree, and (2) by permission, from an order of said court, entered October 15, 2019, which denied defendant's motion pursuant to CPL 440.10 to vacate the judgment of conviction, without a hearing.

Defendant was indicted and charged with one count of assault in the second degree. The charge stemmed from an incident wherein defendant threw a mixture of bleach and water into the face of a coworker. Pursuant to a negotiated plea agreement, defendant pleaded guilty to an amended indictment charging him with attempted assault in the second degree with the understanding that he would be sentenced – as a second felony offender – to a prison term of 2 to 4 years. The plea agreement also required defendant to waive his right to appeal. At sentencing, defendant asked for leniency, and his comments, as well as the statements that he made to the Probation Department, prompted County Court to briefly adjourn the matter in order to ascertain whether defendant was raising any defenses to the crime. In response to County Court's subsequent inquiry, defendant repeatedly assured the court that he had discussed any potential defenses with counsel and had made a knowing decision not to pursue such defenses. County Court then sentenced defendant to the agreed-upon term of imprisonment.

Defendant thereafter filed a pro se motion to vacate the judgment of conviction pursuant to CPL 440.10 asserting, insofar as is relevant here, that he was denied the effective assistance of counsel. The People opposed the requested relief, and County Court denied defendant's motion without a hearing. Defendant appeals from...