People v. Sloan

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before MIKOLL; YESAWICH; MIKOLL
• Citation: People v. Sloan, 645 N.Y.S.2d 118, 228 A.D.2d 976 (N.Y. App. Div. 1996)
• Decision Date: 27 June 1996
• Parties: The PEOPLE of the State of New York, Respondent, v. Robert E. SLOAN, Appellant.

Page 118

645 N.Y.S.2d 118

228 A.D.2d 976

The PEOPLE of the State of New York, Respondent, v. Robert E. SLOAN, Appellant.

Supreme Court, Appellate Division Third Department.

June 27, 1996.

John A. Cirando, Syracuse, for appellant.

Jerome J. Richards, District Attorney, Canton, for respondent.

Before MIKOLL, J.P., and MERCURE, CREW, WHITE and YESAWICH, JJ.

YESAWICH, Justice.

Appeal from a judgment of the County Court of St. Lawrence County (Nicandri, J.), rendered October 11, 1994, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree.

On October 12, 1993, defendant was indicted and charged with the crimes of aggravated harassment in the second degree, burglary in the first degree, assault in the third degree and criminal mischief in the fourth degree. These charges all stemmed from defendant's alleged harassment of a former girlfriend which included an incident whereby defendant broke into the victim's home and attacked her. Following plea negotiations, defendant, while represented by counsel, pleaded guilty to the crime of attempted burglary in the second degree in full satisfaction of the indictment. In the course of the plea allocution, defendant also agreed to waive his right to appeal all issues but those related to his sentence. Defendant was thereafter sentenced to a prison term of 1 to 4 years and this appeal followed.

Defendant's sole contentions on appeal are his claims that his guilty plea and waiver of his right to appeal were not properly entered. Inasmuch as defendant failed to move to withdraw his plea or vacate the judgment of conviction, however, he may not now challenge the sufficiency of his plea (see, People v. Villafane, 216 A.D.2d 605, ...