People v. Revette
| Decision Date | 31 January 2013 |
| Citation | 2013 N.Y. Slip Op. 00526,102 A.D.3d 1065,958 N.Y.S.2d 805 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Holly A. REVETTE, Appellant. |
| Court | New York Supreme Court — Appellate Division |
OPINION TEXT STARTS HERE
Lisa K. Miller, McGraw, for appellant.
Mark D. Suben, District Attorney, Cortland (Christine M.R. Ferraro of counsel), for respondent.
Before: MERCURE, J.P., SPAIN, McCARTHY and EGAN JR., JJ.
EGAN JR., J.
Appeal from a judgment of the County Court of Cortland County (Ames, J.), rendered September 25, 2009, convicting defendant upon her plea of guilty of the crimes of arson in the third degree and burglary in the third degree.
Defendant previously was convicted of arson in the third degree (two counts) and burglary in the third degree (two counts) after she twice set fire to a residence being constructed by her former paramour. Upon appeal, this Court reversed and dismissed the indictment due to a defect in the grand jury proceedings (48 A.D.3d 886, 851 N.Y.S.2d 299 [2008] ). Defendant was reindicted for the same crimes and, in full satisfaction of that indictment, thereafter pleaded guilty to one count of arson in the third degree and one count of burglary in the third degree and waived her right to appeal. County Court sentenced defendant to the agreed-upon aggregate prison term of 2 2/3 to 8 years, and defendant now appeals.
We affirm. The record reflects that defendant executed a written waiver of the right to appeal, and County Court adequately explained the nature of the rights forfeited thereby. Accordingly, defendant's challenge to the validity of such waiver—raised for the first time in her reply brief—is meritless ( see People v. Carbone, 101 A.D.3d 1232, 1232, 956 N.Y.S.2d 221, 223 [2012] ). Although defendant's challenge to the voluntariness of her plea survives her appeal waiver, the record does not reflect that defendant moved to withdraw her plea or vacate the judgment of conviction; hence, this issue is unpreserved for our review ( see People v. Empey, 73 A.D.3d 1387, 1388, 901 N.Y.S.2d 756 [2010],lv. denied15 N.Y.3d 804, 908 N.Y.S.2d 164, 934 N.E.2d 898 [2010] ). The narrow exception to the preservation requirement is not implicated here, as nothing in the record casts doubt upon defendant's guilt or otherwise calls into question the voluntariness of her plea ( see People v. Abrams, 75 A.D.3d 927, 904 N.Y.S.2d 822 [2010];People v. Empey, 73 A.D.3d at 1388, 901 N.Y.S.2d 756). In any event, defendant's present claim—that s...
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People v. Guyette
...into question the voluntariness of his plea ( see People v. Hare, 110 A.D.3d 1117, 1117, 972 N.Y.S.2d 361 [2013]; People v. Revette, 102 A.D.3d 1065, 1066, 958 N.Y.S.2d 805 [2013] ). In any event, defendant's present claim—that he is “borderline mentally retarded”—finds no support in the re......
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People v. Guyette
...into question the voluntariness of his plea (see People v. Hare, 110 A.D.3d 1117, 1117, 972 N.Y.S.2d 361 [2013] ; People v. Revette, 102 A.D.3d 1065, 1066, 958 N.Y.S.2d 805 [2013] ). In any event, defendant's present claim—that he is "borderline mentally retarded"—finds no support in the re......
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People v. Bressard
...105 A.D.3d 1249, 1250, 963 N.Y.S.2d 480 [2013], lv. denied21 N.Y.3d 1017, 971 N.Y.S.2d 499, 994 N.E.2d 395 [2013]; People v. Revette, 102 A.D.3d 1065, 1065–1066, 958 N.Y.S.2d 805 [2013] ). Notably, we find that the narrow exception to the preservation rule is inapplicable, inasmuch as defen......
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People v. Sylvan
...foregoing waiver, it, too, is unpreserved for our review in the absence of an appropriate postallocution motion ( see People v. Revette, 102 A.D.3d 1065, 1065–1066, 958 N.Y.S.2d 805 [2013];People v. Martinez–Velazquez, 89 A.D.3d 1318, 1319, 932 N.Y.S.2d 908 [2011] ). Further, the narrow exc......