People v. Norton

• Citation: 2011 N.Y. Slip Op. 06953,88 A.D.3d 1027,930 N.Y.S.2d 499
• Parties: The PEOPLE of the State of New York, Respondent,v.Michelle NORTON, Appellant.
• Decision Date: 06 October 2011
• Court: New York Supreme Court Appellate Division

88 A.D.3d 1027
930 N.Y.S.2d 499
2011 N.Y. Slip Op. 06953

The PEOPLE of the State of New York, Respondent,
v.
Michelle NORTON, Appellant.

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

Oct. 6, 2011.

Cheryl E. Rodgers, Hoosick Falls, for appellant.Andrew J. Wylie, District Attorney, Plattsburgh (Nicholas J. Evanovich of counsel), for respondent.Before: SPAIN, J.P., ROSE, LAHTINEN, GARRY and EGAN JR., JJ.ROSE, J.

[88 A.D.3d 1027] Appeal from a judgment of the County Court of [88 A.D.3d 1028] Clinton County (Ryan, J.), rendered April 7, 2010, convicting defendant upon her plea of guilty of the crimes of burglary in the second degree, criminal use of a firearm in the second degree, criminal possession of a weapon in the third degree, menacing in the second degree, unlawful imprisonment in the second degree, coercion in the second degree and endangering the welfare of a child.

Defendant was charged in an indictment with the crimes of burglary in the first degree, criminal use of a firearm in the first degree, criminal possession of a weapon in the third degree, menacing in the second degree, unlawful imprisonment in the second degree, coercion in the second degree and endangering the welfare of a child. County Court subsequently reduced the burglary charge to burglary in the second degree and reduced the criminal use of a firearm charge to criminal use of a firearm in the second degree. Defendant thereafter pleaded guilty as charged and was sentenced to prison terms of five years with four years of postrelease supervision on the burglary and criminal use of a firearm convictions and 2 to 6 years for the criminal possession of a weapon conviction. She was also sentenced to one year in jail on each of the menacing, unlawful imprisonment, coercion and endangering the welfare of a child convictions, with all sentences to run concurrently. Defendant now appeals and we affirm.

Defendant's contention that her plea was not voluntarily entered is not preserved for our review in light of her failure to move to withdraw her plea or vacate the judgment of conviction ( see People v. Good, 83 A.D.3d 1124, 1125, 920 N.Y.S.2d 464 [2011]; People v. Miller, 82 A.D.3d 1278, 1279, 918 N.Y.S.2d 224 [2011], lv. denied 16 N.Y.3d 861, 923 N.Y.S.2d 423, 947 N.E.2d 1202 [2011] ).¹ Nor did defendant

[930 N.Y.S.2d 500]

make any statements during the plea allocution that negated an essential element of the crimes or otherwise cast doubt on her guilt in order to...