People v. May, 2014-07610, Ind. No. 13-01515.
| Court | New York Supreme Court Appellate Division |
| Citation | 2016 N.Y. Slip Op. 03197,30 N.Y.S.3d 327,138 A.D.3d 1146 |
| Docket Number | 2014-07610, Ind. No. 13-01515. |
| Parties | The PEOPLE, etc., respondent, v. Antoine MAY, appellant. |
| Decision Date | 27 April 2016 |
138 A.D.3d 1146
30 N.Y.S.3d 327
2016 N.Y. Slip Op. 03197
The PEOPLE, etc., respondent,
v.
Antoine MAY, appellant.
2014-07610, Ind. No. 13-01515.
Supreme Court, Appellate Division, Second Department, New York.
April 27, 2016.
John P. Savoca, Yorktown Heights, N.Y., for appellant.
James A. McCarty, Acting District Attorney, White Plains, N.Y. (Jennifer Spencer and Steven A. Bender of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, SYLVIA O. HINDS–RADIX, and JOSEPH J. MALTESE, JJ.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Cacace, J.), rendered May 27, 2014, convicting him of attempted course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review an order of protection issued at the time of sentencing.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowing, voluntary, or intelligent because the Supreme Court failed to advise him of all of his constitutional rights under Boykin v. Alabama (395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 ), and because there was no indication in the record that he consulted with his attorney about the consequences of the plea. While the defendant validly waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ), his contentions concerning the voluntariness of his plea of guilty survive his appeal waiver (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Murphy, 114 A.D.3d 704, 705, 979 N.Y.S.2d 829 ; People v. Joseph, 103 A.D.3d 665, 959 N.Y.S.2d 261 ). However, this issue is unpreserved for appellate review,
since the defendant failed to move to vacate his plea prior to the imposition of sentence or otherwise raise the issue in the Supreme Court (see People v. Sirico, 135 A.D.3d 19, 22, 18 N.Y.S.3d 430 ; People v. Isaiah S., 130 A.D.3d 1081, 1081–1082, 13 N.Y.S.3d 840 ; People v. Bennett, 122 A.D.3d 871, 872, 996 N.Y.S.2d 369 ). In any event,...
To continue reading
Request your trial
-
People v. Tumolo, 2018–08539, 2018–08541
...victim's family and household (see id. § 530.13[4] ; People v. Guidice, 183 A.D.3d 913, 913, 122 N.Y.S.3d 916 ; see also People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ). The defendant's contention that the County Court erred in issuing the orders of protection, because it failed to ......
-
People v. Luck, 2017–02401
...26 N.Y.3d 375, 382–383, 44 N.E.3d 199 ; People v. Harris, 61 N.Y.2d 9, 19–20, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ). The Court of Appeals has "never held that a plea is effective only if a defendant acknowledges committing every element of the p......
-
People v. Thomas
...v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ; People v. Murphy, 114 A.D.3d 704, 979 N.Y.S.2d 829 ). However, this contention is unpreserved for appellate review, as the d......
-
People v. Hanniford, 2017-06781
...validity of the order of protection issued over his objection at the time of sentencing survive his appeal waiver (see People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ; People v. Sabo, 117 A.D.3d 1089, 986 N.Y.S.2d 232 ). As the d......
-
People v. Tumolo, 2018–08539, 2018–08541
...victim's family and household (see id. § 530.13[4] ; People v. Guidice, 183 A.D.3d 913, 913, 122 N.Y.S.3d 916 ; see also People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ). The defendant's contention that the County Court erred in issuing the orders of protection, because it failed to ......
-
People v. Luck, 2017–02401
...26 N.Y.3d 375, 382–383, 44 N.E.3d 199 ; People v. Harris, 61 N.Y.2d 9, 19–20, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; People v. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ). The Court of Appeals has "never held that a plea is effective only if a defendant acknowledges committing every element of the p......
-
People v. Thomas
...v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ; People v. Murphy, 114 A.D.3d 704, 979 N.Y.S.2d 829 ). However, this contention is unpreserved for appellate review, as the d......
-
People v. Hanniford, 2017-06781
...validity of the order of protection issued over his objection at the time of sentencing survive his appeal waiver (see People v. May, 138 A.D.3d 1146, 1147, 30 N.Y.S.3d 327 ; People v. Kumar, 127 A.D.3d 882, 883, 4 N.Y.S.3d 900 ; People v. Sabo, 117 A.D.3d 1089, 986 N.Y.S.2d 232 ). As the d......