People v. Molina
| Decision Date | 11 January 2017 |
| Citation | 2017 N.Y. Slip Op. 00192,146 A.D.3d 815,46 N.Y.S.3d 122 |
| Parties | The PEOPLE, etc., respondent, v. Deanna MOLINA, appellant. |
| Court | New York Supreme Court — Appellate Division |
146 A.D.3d 815
46 N.Y.S.3d 122
2017 N.Y. Slip Op. 00192
The PEOPLE, etc., respondent,
v.
Deanna MOLINA, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Jan. 11, 2017.
John P. Savoca, Yorktown Heights, N.Y., for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Andrew R. Kass of counsel; Paul W. Ostrer on the brief), for respondent.
MARK C. DILLON, J.P., L. PRISCILLA HALL, SANDRA L. SGROI, ROBERT J. MILLER, and VALERIE BRATHWAITE NELSON, JJ.
Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered July 9, 2014, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that her plea of guilty was not knowing, voluntary, or intelligent because she was not advised of certain constitutional rights she was forfeiting as a result of her plea of guilty, and because there was no inquiry as to whether she had discussed with her attorney the constitutional rights she was forfeiting. While the defendant validly waived her right to appeal (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ), her contentions concerning the voluntariness of 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, this issue is unpreserved for appellate review, since the defendant failed to move to vacate her plea prior to the imposition of sentence or
otherwise raise the issue in the County Court (see ...
To continue reading
Request your trial
-
People v. Luck
... ... Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Although the defendant's 175 A.D.3d 1431 contention concerning the voluntariness of her plea survives her valid 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. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. Camarda, 138 A.D.3d 884, 29 N.Y.S.3d 511 ), the contention is unpreserved for appellate review because she did not move to vacate her plea or otherwise raise the issue in the County Court (see CPL 220.60 ; People v. Peque, 22 N.Y.3d 168, 182, 980 ... ...
-
People v. Thomas
... ... While the defendant validly waived his right to appeal (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ), 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. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. May, 138 A.D.3d 1146, 30 ... ...
-
People v. Okay, 2018–01840
... ... Sougou, 26 N.Y.3d 1052, 1055, 23 N.Y.S.3d 121, 44 N.E.3d 196 ; People v. Melvin, 165 A.D.3d at 1291, 84 N.Y.S.3d 813 ; People v. Molina, 146 A.D.3d 815, 816, 46 N.Y.S.3d 122 ).The defendant's contention that she did not validly waive her right to be prosecuted by indictment also is not precluded by her valid waiver of the right to appeal or by her plea of guilty (see People v. CardonaVelasquez, 152 A.D.3d 618, 55 N.Y.S.3d 672 ; ... ...
-
People v. Walton
... ... Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ), 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. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. Lujan, 114 A.D.3d 963, 980 N.Y.S.2d 815 ; People v. Persaud, 109 A.D.3d 626, 970 N.Y.S.2d 324 ). However, the defendant's contentions that his plea was not knowing, voluntary, or intelligent, and that it was coerced by the remarks of the County Court and ... ...