People v. Phillips, KA 07-00631
| Citation | 2008 NY Slip Op 08812,867 N.Y.S.2d 324,56 A.D.3d 1163 |
| Decision Date | 14 November 2008 |
| Docket Number | KA 07-00631 |
| Parties | THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RALPH B. PHILLIPS, Appellant. (Appeal No. 1.) |
| Court | New York Supreme Court Appellate Division |
Appeal from a judgment of the Supreme Court, Chautauqua County (Richard C. Kloch, Sr., A.J.), rendered December 19, 2006. The judgment convicted defendant, upon his plea of guilty, of aggravated murder and attempted aggravated murder.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Defendant appeals from a judgment convicting him, upon his plea of guilty, of aggravated murder (Penal Law § 125.26 [1] [a] [i]) and attempted aggravated murder (§§ 110.00, 125.26 [1] [a] [i]) in connection with the shooting of two New York State troopers. Although defendant preserved for our review his challenge to the factual sufficiency of the plea allocution (see People v Lopez, 71 NY2d 662, 665 [1988]), that challenge is encompassed by his waiver of the right to appeal (see People v Grimes, 53 AD3d 1055, 1056 [2008]). In any event, defendant's challenge is without merit. Defendant admitted that he knew that the police had set up surveillance at the location where the crimes occurred; that the weapon he used was "very powerful" and could inflict a fatal wound; and that he shot the two men. We therefore conclude that the plea allocution is factually sufficient, i.e., it establishes that defendant intended to kill the victims and that he "knew or reasonably should have known" that they were police officers (§ 125.26 [1] [a] [i]). To the extent that defendant challenges the voluntariness of the plea, we reject that challenge. Defendant entered into an extensive plea agreement that resolved the instant charges that were pending against him in Supreme Court, Chautauqua County, as well as charges that were pending against him in Supreme Court, Erie County, Chemung County Court, and federal district court, and the plea agreement also ensured that charges that were pending against members of his family were dismissed.
We further conclude that Supreme Court did not abuse its discretion in denying defendant's motion to withdraw the plea (see generally People v Seeber, 4 NY3d 780 [2005]). "Because nothing that defendant said or failed to say in [his] allocution negated any elements of the offense[s] to which [he] pleaded . . . or otherwise called into question [his] admitted guilt or the voluntariness of [his] plea, [he] provided [the court] with no basis for allowing the plea's withdrawal" (id. at 781; see People v Thomas, 17 AD3d 1047 [2005], lv denied 5 NY3d 770 [2005]). Finally, the...
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...waiver of the right to appeal except to the extent that the contention implicates the voluntariness of the plea” ( People v. Phillips, 56 A.D.3d 1163, 1164, 867 N.Y.S.2d 324, lv. denied 12 N.Y.3d 761, 876 N.Y.S.2d 712, 904 N.E.2d 849; see People v. Williams, 6 A.D.3d 746, 747, 776 N.Y.S.2d ......
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...People v. Morris, 94 A.D.3d 1450, 1451, 942 N.Y.S.2d 725,lv. denied19 N.Y.3d 976, 950 N.Y.S.2d 358, 973 N.E.2d 768;People v. Phillips, 56 A.D.3d 1163, 1164, 867 N.Y.S.2d 324,lv. denied12 N.Y.3d 761, 876 N.Y.S.2d 712, 904 N.E.2d 849). In any event, defendant abandoned his request for new cou......
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