People v. Shaffer
| Decision Date | 22 February 2011 |
| Citation | 917 N.Y.S.2d 267,81 A.D.3d 989 |
| Parties | The PEOPLE, etc., respondent, v. Billie Jo SHAFFER, appellant. |
| Court | New York Supreme Court — Appellate Division |
81 A.D.3d 989
The PEOPLE, etc., respondent,
v.
Billie Jo SHAFFER, appellant.
Supreme Court, Appellate Division, Second Department, New York.
Feb. 22, 2011.
Del Atwell, East Hampton, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, RUTH C. BALKIN, PLUMMER E. LOTT, and ROBERT J. MILLER, JJ.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Grady, J.), rendered November 17, 2009, convicting her of criminal possession of a controlled substance in the fifth degree, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that her plea of guilty was not knowing, voluntary, and intelligent is unpreserved for appellate review since she did not move to withdraw the plea or to vacate the judgment of conviction ( see CPL 470.05[2]; People v. Toxey, 86 N.Y.2d 725, 726, 631 N.Y.S.2d 119, 655 N.E.2d 160; People v. Trent, 74 A.D.3d 1370, 903 N.Y.S.2d 236; People v. LeGrady, 50 A.D.3d 1059, 1060, 856 N.Y.S.2d 224; People v. Ramsey, 49 A.D.3d 565, 855 N.Y.S.2d 162). Furthermore, the record does not support the defendant's claim that at the time she entered her plea of guilty, she lacked the capacity to understand the proceedings against her or was unable to assist in her defense ( see CPL 730.10[1]; People v. Gensler, 72 N.Y.2d 239, 243-246, 532 N.Y.S.2d 72, 527 N.E.2d 1209, cert. denied 488 U.S. 932, 109 S.Ct. 323, 102 L.Ed.2d 341; People v. Gallo, 73 A.D.3d 804, 899 N.Y.S.2d 6552; People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331; People v. Monk, 29 A.D.3d 605, 815 N.Y.S.2d 130). Nor was there any indication that the County Court had a reasonable ground for believing that the defendant's mental state was such that she was incapable of understanding the charge, indictment, or proceedings, or of making her defense ( see People v. Smyth, 3 N.Y.2d 184, 187, 164 N.Y.S.2d 737, 143 N.E.2d 922; People v. Tortorici, 92 N.Y.2d 757, 765, 686 N.Y.S.2d 346, 709 N.E.2d 87, cert. denied 528 U.S. 834, 120 S.Ct. 94, 145 L.Ed.2d 80). The responses made by the defendant at the plea and sentencing proceedings were appropriate and did not indicate that she was incapacitated ( see People v. Gallo, 73 A.D.3d 804, 899 N.Y.S.2d 6552; People v. M'Lady, 59 A.D.3d 568, 873 N.Y.S.2d 331; People v. Pryor, 11 A.D.3d 565, 566, 782 N.Y.S.2d...
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