People v. Thomas
| Citation | 150 A.D.3d 770,53 N.Y.S.3d 195 |
| Parties | The PEOPLE, etc., respondent, v. Clarence THOMAS, appellant. |
| Decision Date | 03 May 2017 |
| Court | New York Supreme Court Appellate Division |
150 A.D.3d 770
53 N.Y.S.3d 195
The PEOPLE, etc., respondent,
v.
Clarence THOMAS, appellant.
Supreme Court, Appellate Division, Second Department, New York.
May 3, 2017.
John P. Savoca, Yorktown, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Grant D. O'Donnell and Laurie G. Sapakoff of counsel), for respondent.
RUTH C. BALKIN, J.P., JEFFREY A. COHEN, SYLVIA O. HINDS–RADIX, and JOSEPH J. MALTESE, JJ.
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered May 12, 2015, convicting him of manslaughter in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that his plea of guilty was not knowing, voluntary, or intelligent because he was not advised of certain constitutional rights he was forfeiting as a result of his plea of guilty. While the defendant validly waived his right to appeal (see People v. Ramos, 7 N.Y.3d 737, 738, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ), his contentions concerning the voluntariness of his plea of guilty survive his appeal waiver (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. May, 138 A.D.3d 1146, 30 N.Y.S.3d 327 ; People v. Murphy, 114 A.D.3d 704, 979 N.Y.S.2d 829 ). However, this contention is unpreserved for appellate review, as the defendant failed to move to vacate his plea prior to the imposition
of sentence or otherwise raise the issue before the County Court (see People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. Sirico, 135 A.D.3d 19, 22, 18 N.Y.S.3d 430 ; People v. Isaiah S., 130 A.D.3d 1081, 1081–1082, 13 N.Y.S.3d 840 ). In any event, the defendant's contentions are...
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People v. Walker
...prior to the imposition of the sentences or otherwise raise the issue before the Supreme Court (see CPL 470.05[2] ; People v. Thomas, 150 A.D.3d 770, 770–771, 53 N.Y.S.3d 195 ; People v. Jackson, 114 A.D.3d 807, 979 N.Y.S.2d 704 ). In any event, the defendant's contention cannot be reviewed......
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