People v. Parker

• Decision Date: 23 October 2019
• Docket Number: 2018–06820,Ind. No. 17–00218
• Parties: The PEOPLE, etc., Respondent, v. Aaliyah A. PARKER, Appellant.
• Court: New York Supreme Court — Appellate Division

176 A.D.3d 1106
112 N.Y.S.3d 777

The PEOPLE, etc., Respondent,
v.
Aaliyah A. PARKER, Appellant.

2018–06820
Ind. No. 17–00218

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

Submitted - September 19, 2019
October 23, 2019

Samuel S. Coe, New City, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (William C. Ghee of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, CHERYL E. CHAMBERS, VALERIE BRATHWAITE NELSON, JJ.

112 N.Y.S.3d 778

DECISION & ORDER

176 A.D.3d 1106

Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas DeRosa, J.), rendered October 20, 2017, convicting her of attempted robbery in the second degree, upon her plea of guilty, and sentencing her to a determinate term of imprisonment of four years and a period of postrelease supervision of five years.

ORDERED that the judgment is modified, on the law, by vacating the period of postrelease supervision; as so modified, the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for the imposition of an appropriate period of postrelease supervision in accordance herewith.

The defendant's challenge to the factual sufficiency of her plea allocution is unpreserved for appellate review (see People v. Williams, 27 N.Y.3d 212, 219, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160 ; People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). Contrary to the defendant's suggestion, the exception to the preservation requirement does not apply in this case, because the defendant's allocution did not clearly cast significant doubt on her guilt, negate an essential element of the crime, or call into question the voluntariness of the plea (see

176 A.D.3d 1107

People v. Williams, 27 N.Y.3d at 220, 32 N.Y.S.3d 17, 51 N.E.3d 528 ; People v. Lopez, 71 N.Y.2d at 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the plea allocution was sufficient. "[A]n allocution based on a negotiated plea need not elicit from a defendant specific admissions as to each element of the charged crime" ( People...