People v. Miller
| Decision Date | 03 March 2011 |
| Parties | The PEOPLE of The State of New York, Respondent, v. William James MILLER Jr., Appellant. |
| Court | New York Supreme Court — Appellate Division |
82 A.D.3d 1278
The PEOPLE of The State of New York, Respondent,
v.
William James MILLER Jr., Appellant.
Supreme Court, Appellate Division, Third Department, New York.
March 3, 2011.
Alexander W. Bloomstein, Hillsdale, for appellant.
Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: MERCURE, J.P., SPAIN, ROSE, LAHTINEN and GARRY, JJ.
LAHTINEN, J.
Appeal from a judgment of the County Court of Ulster County (Bruhn, J.), rendered September 12, 2008, convicting defendant upon his plea of guilty of the crimes of murder in the second degree and grand larceny in the third degree.
For several months during 2007, defendant stole money from the victim, his elderly and infirm father. Upon being confronted by the victim in September 2007 about the pilfered funds, defendant strangled him and then left his body in the victim's home. Police discovered the victim's decomposing body in October 2007 and defendant eventually executed a detailed written confession. He was indicted on charges of murder in the second degree and grand larceny in the third degree. After his suppression motion was denied, defendant agreed to plead guilty to both counts in exchange for a sentence of 20 years to life on the murder count and a concurrent term for the grand larceny count. Consistent with the agreement, he was sentenced to concurrent prison terms of 20 years to life for murder and 3 1/2 to 7 years for grand larceny. County Court also directed defendant to pay restitution of $14,250.25 to the victim's estate, and issued orders of protection for the victim's family members who had requested such orders. Defendant appeals.
We affirm. Defendant's challenge to the voluntariness of his plea was not preserved since he did not move to withdraw the plea or vacate the judgment of conviction ( see People v. Glynn, 73 A.D.3d 1290, 1291, 900 N.Y.S.2d 513 [2010]; People v. Lopez, 52 A.D.3d 852, 852-853, 859 N.Y.S.2d 267 [2008] ). Contrary to his contention, the exception to this preservation requirement was not established since review of the plea colloquy
fails to establish that his recitation of the facts negated an essential element of the crime ( see People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988]; People v. Kilgore, 45 A.D.3d 886, 887, 844 N.Y.S.2d 487 [2007], lv. denied 10 N.Y.3d 767, 854 N.Y.S.2d 329, 883 N.E.2d 1264 [2008] ). His further argument that he...To continue reading
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