People v. Spencer
| Citation | 52 N.Y.S.3d 430,149 A.D.3d 983 |
| Parties | The PEOPLE, etc., respondent, v. Darrell SPENCER, appellant. |
| Decision Date | 19 April 2017 |
| Court | New York Supreme Court — Appellate Division |
149 A.D.3d 983
52 N.Y.S.3d 430
The PEOPLE, etc., respondent,
v.
Darrell SPENCER, appellant.
Supreme Court, Appellate Division, Second Department, New York.
April 19, 2017.
Thomas T. Keating, Dobbs Ferry, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Laurie Sapakoff and Steven Bender of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, SANDRA L. SGROI, JOSEPH J. MALTESE, and BETSY BARROS, JJ.
Appeal by the defendant from a judgment of the County Court, Westchester County (Everett, J.), rendered December 1, 2014, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Although a claim that a plea of guilty was not voluntary survives a valid waiver of the right to appeal (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Lujan, 114 A.D.3d 963, 964, 980 N.Y.S.2d 815 ), the defendant failed to preserve for appellate review his contention that his plea of guilty was not knowing, voluntary, or intelligent, since he did not move to withdraw his plea on this ground prior to the imposition of sentence (see CPL 220.60[3] ; People v. Clarke, 93 N.Y.2d 904, 906, 690 N.Y.S.2d 501, 712 N.E.2d 668 ; People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ). In any event, the record demonstrates that the defendant's plea was knowingly, voluntarily, and intelligently entered.
The defendant's valid waiver of his right to appeal precludes review of his challenge to the factual sufficiency of the plea allocution (see People v. Ovalle, 112 A.D.3d 971, 977 N.Y.S.2d 401 ; People v. Knapp, 108 A.D.3d 641, 642, 968 N.Y.S.2d 381 ; People v. Hardee, 84 A.D.3d 835, 922 N.Y.S.2d 785 ).
The defendant's claim that he was illegally sentenced as a predicate violent felony offender survives his valid waiver of the right to appeal (see People v. Helmus, 125 A.D.3d 884, 4 N.Y.S.3d 116 ;
People v. DelCarpio, 101...
To continue reading
Request your trial
-
People v. Locenitt
...record, a CPL 440.10 proceeding is the appropriate forum for reviewing the defendant's claim in its entirety (see People v. Spencer, 149 A.D.3d 983, 984, 52 N.Y.S.3d 430 ; People v. Marryshow, 135 A.D.3d 964, 965, 24 N.Y.S.3d 170 ; People v. Maxwell, 89 A.D.3d at 1109, 933 N.Y.S.2d 386 ).Th......
-
People v. Griffin
...71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Pleitez–Raymundo, 160 A.D.3d 902, 71 N.Y.S.3d 886 ; People v. Spencer, 149 A.D.3d 983, 52 N.Y.S.3d 430 ). Further, the narrow exception to the preservation requirement does not apply here, because the defendant's plea allocution......
-
People v. Chung
...who were not so entitled under Penal Law § 60.27 survives his valid waiver of the right to appeal (see generally People v. Spencer, 149 A.D.3d 983, 52 N.Y.S.3d 430 ). Further, the defendant's contention that the Supreme Court erred in directing him, without a hearing, to pay restitution in ......
-
People v. Salako, 2016–06025
...was illegally sentenced as a second violent felony offender would survive a valid waiver of the right to appeal (see People v. Spencer, 149 A.D.3d 983, 983–984, 52 N.Y.S.3d 430 ; People v. Helmus, 125 A.D.3d 884, 884, 4 N.Y.S.3d 116 ; People v. DelCarpio, 101 A.D.3d 746, 746–747, 954 N.Y.S.......