People v. Powell, 5867
| Court | New York Supreme Court Appellate Division |
| Citation | 71 N.Y.S.3d 480,159 A.D.3d 421 |
| Decision Date | 01 March 2018 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Azeez POWELL, Defendant–Appellant. |
| Docket Number | Ind. 2197/14,5867 |
159 A.D.3d 421
71 N.Y.S.3d 480
The PEOPLE of the State of New York, Respondent,
v.
Azeez POWELL, Defendant–Appellant.
5867
Ind. 2197/14
Supreme Court, Appellate Division, First Department, New York.
ENTERED: MARCH 1, 2018
Robert S. Dean, Center for Appellate Litigation, New York (Molly Ryan of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Amanda Katherine Regan of counsel), for respondent.
Sweeny, J.P., Renwick, Tom, Mazzarelli, Oing, JJ.
Judgment, Supreme Court, New York County (Melissa C. Jackson, J. at motion to preclude conviction; Michael R. Sonberg, J. at plea and sentencing), rendered August 24, 2015, convicting defendant of persistent sexual abuse, and sentencing him to a term of 1½ years, unanimously affirmed.
Defendant was not entitled, within this criminal proceeding, to challenge the constitutionality of a prior conviction that was used to elevate the charge to persistent sexual abuse (see People v. Knack, 72 N.Y.2d 825, 530 N.Y.S.2d 541, 526 N.E.2d 32 [1988] ). Defendant, who asserts that the record of his prior plea establishes its unconstitutionality, could have moved to withdraw that plea, or he could have taken and perfected a timely appeal. The fact that those opportunities were no longer available at the time of the present prosecution does not entitle defendant to the creation of a new procedural device.
Defendant did not preserve his contention that, in the present case, he was misinformed about the permissible sentencing range, and that the court and counsel were likewise misinformed (see People v. Conceicao, 26 N.Y.3d 375, 44 N.E.3d 199 [2015] ), and we decline to review it in the interest of justice. As an alternative holding, we find that this claim is unsupported by the record,
which indicates that the court had no intention of imposing anything but a prison sentence, and that any mention of defendant receiving the "minimum" sentence referred only to the minimum...
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Monique P. v. Heartshare St. Vincent Servs. (In re Ty'Nayshia H.), 5828
...would be at risk of becoming neglected children (see SSL § 384–b[6][b], [c] ).In opposition, the mother contends that summary judgment 159 A.D.3d 421was not appropriate because she was accepted for homemaking services shortly after the court terminated her parental rights to her sons, and t......
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Monique P. v. Heartshare St. Vincent Servs. (In re Ty'Nayshia H.), 5828
...would be at risk of becoming neglected children (see SSL § 384–b[6][b], [c] ).In opposition, the mother contends that summary judgment 159 A.D.3d 421was not appropriate because she was accepted for homemaking services shortly after the court terminated her parental rights to her sons, and t......