People v. Koechel

• Citation: 2015 N.Y. Slip Op. 07303,17 N.Y.S.3d 326 (Mem),132 A.D.3d 1020
• Decision Date: 08 October 2015
• Docket Number: 106313.
• Parties: The PEOPLE of the State of New York, Respondent, v. Daniel J. KOECHEL, Appellant.
• Court: New York Supreme Court Appellate Division

132 A.D.3d 1020
17 N.Y.S.3d 326 (Mem)
2015 N.Y. Slip Op. 07303

The PEOPLE of the State of New York, Respondent
v.
Daniel J. KOECHEL, Appellant.

106313.

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

Oct. 8, 2015.

Martin J. McGuinness, Saratoga Springs, for appellant.

Kristy L. Sprague, District Attorney, Elizabethtown (Michele A. Bowen of counsel), for respondent.

Before: McCARTHY, J.P., EGAN JR., LYNCH and CLARK, JJ.

Opinion

CLARK, J.

132 A.D.3d 1020

Appeal from a judgment of the County Court of Essex County (Meyer, J.), rendered October 10, 2013, convicting defendant upon his plea of guilty of the crime of attempted assault in the second degree.

Defendant attacked a female hunter with a knife as she emerged from a portable hunting blind in the woods and also destroyed the blind. He was subsequently charged in a four-count indictment with various crimes related to this incident. In satisfaction of the indictment, defendant pleaded guilty to attempted assault in the second degree and waived his right to appeal. He was sentenced, in accordance with the plea agreement, to time served and five years of probation. He now appeals.

Defendant's sole argument is that his guilty plea was factually insufficient. He is, however, precluded from raising this claim by his valid waiver of the right to appeal (see People v.

132 A.D.3d 1021

Sibounhome, 125 A.D.3d 1059, 1060, 3 N.Y.S.3d 192 [2015] ;

17 N.Y.S.3d 327

People v. Strong, 124 A.D.3d 992, 992, 1 N.Y.S.3d 532 [2015] ). In addition, this claim is unpreserved due to defendant's failure to make an appropriate postallocution motion, and the narrow exception to the preservation requirement is inapplicable given that defendant did not make any statements that negated an...