People v. Mejia

Citation195 A.D.3d 1043,150 N.Y.S.3d 731
Decision Date30 June 2021
Docket Number2016–03586,Ind. No. 4618/13
Parties The PEOPLE, etc., respondent, v. Edinson MEJIA, appellant.
CourtNew York Supreme Court Appellate Division

195 A.D.3d 1043
150 N.Y.S.3d 731

The PEOPLE, etc., respondent,
v.
Edinson MEJIA, appellant.

2016–03586
Ind.
No. 4618/13

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

Argued—April 27, 2021
June 30, 2021


150 N.Y.S.3d 732

Paul Skip Laisure, New York, N.Y. (Anders Nelson of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Arieh Schulman of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, BETSY BARROS, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vincent M. Del Giudice, J.), rendered March 10, 2016, convicting him of criminal possession of a controlled substance in the third degree (five counts), criminal possession of a controlled substance in the fifth degree (three counts), criminal possession of a controlled substance in the seventh degree (four counts), unlawful possession of marihuana, and speeding, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment affirmed.

The People concede that the defendant's appeal waiver was invalid and does not preclude this Court's consideration of the defendant's arguments (see People v. Tellado, 181 A.D.3d 830, 118 N.Y.S.3d 417 ).

A defendant's objection to the insufficiency of a plea allocution must be preserved for appellate review via a motion to withdraw the plea prior to sentencing or a motion to vacate the judgment of conviction (see People v. Purnell, 166 A.D.3d 814, 816, 88 N.Y.S.3d 86 ; People v. Sanchez, 122 A.D.3d 646, 994 N.Y.S.2d 427 ). However, there is an exception to the preservation requirement where a defendant's " ‘factual recitation negates an essential element of the crime pleaded to or casts significant doubt on the defendant's guilt’ " ( People v. Anderson, 149 A.D.3d 766, 766, 50 N.Y.S.3d 552, quoting People v. Mead, 27 A.D.3d 767, 767, 815 N.Y.S.2d 616 ; see People v. Worden, 22 N.Y.3d 982, 985, 980 N.Y.S.2d 317, 3 N.E.3d 654 ; People v. Johnson, 165 A.D.3d 701, 702, 84 N.Y.S.3d 542 ; People v. Sanchez, 122 A.D.3d at 646–647, 994 N.Y.S.2d 427 ).

Here, the defendant failed to preserve his objection to the adequacy of the allocution, and any error does not fit within the exception to the preservation requirement. We decline to reach this issue in the interest of justice.

The People concede that the Supreme Court erred in failing to advise the defendant of the fine component of his sentence until the sentence was imposed (see People v. Harnett, 16 N.Y.3d 200, 205, 920 N.Y.S.2d 246, 945 N.E.2d 439 ; People v. Sirabella, 148 A.D.3d 1186, 1186–1187, 50 N.Y.S.3d 511 ). The defendant, however, did not object to the added component

150 N.Y.S.3d 733

of the sentence when the...

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7 cases
  • People v. Sequin
    • United States
    • New York Supreme Court Appellate Division
    • January 27, 2022
    ...103 A.D.3d 1036, 1037, 962 N.Y.S.2d 422 [2013], lv denied 21 N.Y.3d 1021, 971 N.Y.S.2d 503, 994 N.E.2d 399 [2013] ; cf. People v. Mejia, 195 A.D.3d 1043, 1044, 150 N.Y.S.3d 731 [2021], lv denied 37 N.Y.3d 994, 152 N.Y.S.3d 422, 174 N.E.3d 362 [2021] ), and we decline defendant's invitation ......
  • People v. Padilla-Zuniga
    • United States
    • New York Supreme Court Appellate Division
    • October 12, 2022
    ...interest of justice jurisdiction (see CPL 470.15[6][a] ; People v. Kundilakkandi, 202 A.D.3d 1107, 159 N.Y.S.3d 915 ; People v. Mejia, 195 A.D.3d 1043, 1044, 150 N.Y.S.3d 731 ). CONNOLLY, J.P., IANNACCI, WOOTEN and WAN, JJ.,...
  • People v. Tanveer
    • United States
    • New York Supreme Court Appellate Division
    • May 25, 2022
    ...consequences of his plea, were sufficient to provide the defendant the opportunity to discover any error (see People v. Mejia, 195 A.D.3d 1043, 1045, 150 N.Y.S.3d 731 ; cf. People v. Ulanov, 188 A.D.3d 1271, 1271, 132 N.Y.S.3d 812 ). In any event, this contention is without merit (see Peopl......
  • People v. Tanveer
    • United States
    • New York Supreme Court Appellate Division
    • May 25, 2022
    ...consequences of his plea, were sufficient to provide the defendant the opportunity to discover any error (see People v Mejia, 195 A.D.3d 1043, 1045; cf. People v Ulanov, 188 A.D.3d 1271, 1271). In any event, this contention is without merit (see People v Peque, 22 N.Y.3d at 197; People v Ru......
  • Request a trial to view additional results
1 books & journal articles
  • Submission to jury
    • United States
    • James Publishing Practical Law Books New York Objections
    • May 3, 2022
    ...other than taking a general exception to it being given, in a negligence action arising from an automobile accident. People v. Mejia , 195 A.D.3d 1043, 150 N.Y.S.3d 731 (2d Dept. 2021). Exception to preservation requirement for claims that a guilty plea was invalid, which provided that pres......

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