People v. May

Decision Date27 April 2016
Docket Number2014-07610, Ind. No. 13-01515.
Citation2016 N.Y. Slip Op. 03197,30 N.Y.S.3d 327,138 A.D.3d 1146
PartiesThe PEOPLE, etc., respondent, v. Antoine MAY, appellant.
CourtNew York Supreme Court — Appellate Division

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.


30 N.Y.S.3d 328

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.

138 A.D.3d 1146

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,...

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  • People v. Tumolo
    • United States
    • New York Supreme Court Appellate Division
    • 16 mars 2022
    ...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
    • United States
    • New York Supreme Court Appellate Division
    • 18 septembre 2019
    ...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
    • United States
    • New York Supreme Court Appellate Division
    • 3 mai 2017
    ...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. Molina
    • United States
    • New York Supreme Court Appellate Division
    • 11 janvier 2017
    ...her plea of guilty survive her 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. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ; 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......
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