People v. Leclair
| Decision Date | 30 April 2020 |
| Docket Number | 109710 |
| Citation | 120 N.Y.S.3d 884 (Mem),182 A.D.3d 919 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Scott LECLAIR, Appellant. |
| Court | New York Supreme Court — Appellate Division |
182 A.D.3d 919
120 N.Y.S.3d 884 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Scott LECLAIR, Appellant.
109710
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: March 27, 2020
Decided and Entered: April 30, 2020
Todd G. Monahan, Schenectady, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Rebecca L. Fox of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Mulvey and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Garry, P.J.
Appeal from a judgment of the County Court of Clinton County (Bruno, J.), rendered July 11, 2017, convicting defendant upon his plea of guilty of the crimes of unlawful manufacturing of methamphetamine in the third degree, possession of methamphetamine manufacturing material and the traffic infraction of speeding.
In satisfaction of a seven-count indictment, defendant pleaded guilty to unlawful manufacturing of methamphetamine in the third degree, possession of methamphetamine manufacturing material and speeding, and waived his right to appeal. Thereafter, defendant made a pro se motion to withdraw his guilty plea on the ground that he was coerced by and received the ineffective assistance of counsel. County Court denied the motion without a hearing and sentenced defendant, a second felony offender, in accordance with the terms of the plea agreement, to a prison term of 3½ years, followed by 1½ years of postrelease supervision, on the conviction of unlawful manufacturing of methamphetamines in the third degree and a one-year concurrent sentence on the conviction of possession of methamphetamine manufacturing material, as well as a fine on the traffic infraction. Defendant appeals.
We affirm. Defendant challenges the voluntariness of his plea based upon alleged ineffective assistance of counsel and contends that County Court abused its discretion in summarily denying his motion to withdraw his plea. Initially, we note that defendant's challenge to the voluntariness of the plea is not foreclosed by the unchallenged appeal waiver and is...
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