People v. Quattlebaum

• Decision Date: 18 July 1996
• Citation: People v. Quattlebaum, 645 N.Y.S.2d 620, 229 A.D.2d 729 (N.Y. App. Div. 1996)
• Parties: The PEOPLE of the State of New York, Respondent, v. Willie QUATTLEBAUM, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 620

645 N.Y.S.2d 620

229 A.D.2d 729

The PEOPLE of the State of New York, Respondent, v.Willie QUATTLEBAUM, Appellant.

Supreme Court, Appellate Division Third Department.

July 18, 1996.

Claire Sullivan, Monticello, for appellant.

Beth G. Cozzolino, District Attorney(Henry Neal Conolly, of counsel), Hudson, for respondent.

Before CARDONA, P.J., and MIKOLL, CREW, YESAWICH and SPAIN, JJ.

CARDONA, Presiding Justice.

Appeal from a judgment of the County Court of Columbia County(Leaman, J.), rendered April 10, 1995, convicting defendant upon his plea of guilty of the crime of assault in the second degree.

Defendant, a prison inmate, pleaded guilty to the crime of assault in the second degree for striking and injuring a correction officer.Prior to his sentencing, defendant moved to withdraw his plea based upon his assertions of innocence and ineffective assistance of counsel.County Court denied the motion.Defendant was sentenced as a second felony offender to a prison term of 2 to 4 years to run consecutive to the sentence he was then serving for reckless endangerment in the first degree.Defendant appeals.

We affirm.Although defendant correctly maintains that he indicated to County Court that he was controverting his prior felony conviction, at no point did defendant, despite being provided the opportunity to do so, articulate the basis for his challenge to the prior conviction and whether he was alleging that such conviction was unconstitutionally obtained (see, People v. West, 181 A.D.2d 945, 581 N.Y.S.2d 469;cf., People v. Zeoli, 212 A.D.2d 935, 622 N.Y.S.2d 991, lv. denied85 N.Y.2d 916, 627 N.Y.S.2d 339, 650 N.E.2d 1342).Under these circumstances and given the information before the court as to defendant's prior conviction, we conclude that County Court did not err in failing to hold a hearing.Although defendant now contends that one of the items reviewed was hearsay, no objection on that ground was made at the time of the ruling by the court(see, People v. Oliver, 63 N.Y.2d 973, 975, 483 N.Y.S.2d 992, 473 N.E.2d 242).Additionally, the record does not support defendant's assertion that County Court premised its determination of second felony offender status on the fact that defendant was incarcerated at the time of the present offense.

We have examined defendant's remaining contentions and find them unpersuasive.Defendant's challenges to the factual allegations in the indictment and sufficiency of the evidence in support thereof were waived upon his plea of guilty (see, e.g., People v. Wheeler, 176 A.D.2d 1133, 1134, 575 N.Y.S.2d 951, lv. denied79 N.Y.2d 924, 582 N.Y.S.2d 84, 590 N.E.2d 1212;People v. Zane, 152 A.D.2d 976, 543 N.Y.S.2d 777, lv. denied74 N.Y.2d 900, 548 N.Y.S.2d 433, 547 N.E.2d 960;People v. Duboy, 150 A.D.2d 882, 884, 540 N.Y.S.2d 905, lv. denied74 N.Y.2d 846, 546 N.Y.S.2d 1011, 546 N.E.2d 194).Even accepting that the indictment made...