People v. Martinez, 2014–11443

• Decision Date: 29 November 2017
• Docket Number: Ind. No. 14–00197,2014–11443
• Citation: 155 A.D.3d 1063,64 N.Y.S.3d 587 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Angel MARTINEZ, appellant.
• Court: New York Supreme Court — Appellate Division

155 A.D.3d 1063
64 N.Y.S.3d 587 (Mem)

The PEOPLE, etc., respondent,
v.
Angel MARTINEZ, appellant.

2014–11443
Ind. No. 14–00197

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

Submitted October 10, 2017
November 29, 2017

Del Atwell, East Hampton, NY, for appellant, and appellant pro se.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and Steven A. Bender of counsel), for respondent.

RUTH C. BALKIN, J.P., JOHN M. LEVENTHAL, LEONARD B. AUSTIN, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

155 A.D.3d 1063

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered October 28, 2014, convicting him of attempted burglary in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record demonstrates that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Jessamy, 137 A.D.3d 1056, 1056, 28 N.Y.S.3d 376 ). The defendant's valid waiver of his right to appeal precludes appellate review of his challenge to the factual sufficiency of the plea allocution (see People v. Flowers, 152 A.D.3d 791, 56 N.Y.S.3d 470 ; People v. Smith, 146 A.D.3d 904, 904–905, 44 N.Y.S.3d 771 ).

The defendant's contention that his plea was not knowing, voluntary, and intelligent survives his valid appeal waiver (see People v. Smith, 146 A.D.3d at 904–905, 44 N.Y.S.3d 771 ; People v. Magnotta, 137 A.D.3d 1303, 27 N.Y.S.3d 403 ). However, contrary to the defendant's contention, his plea of guilty was not coerced by the County Court's remarks informing him of his possible sentence exposure were he to proceed to trial. Such remarks are informative rather than coercive (see People v. Foster, 99 A.D.3d 812, 812–813, 951 N.Y.S.2d 890 ;

64 N.Y.S.3d 588

People v. Strong, 80 A.D.3d 717, 718, 914 N.Y.S.2d 679 ; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280 ).

By pleading guilty, the defendant forfeited appellate...