People v. Thomas

CourtNew York Supreme Court Appellate Division
Citation150 A.D.3d 770,53 N.Y.S.3d 195
Parties The PEOPLE, etc., respondent, v. Clarence THOMAS, appellant.
Decision Date03 May 2017

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.


53 N.Y.S.3d 195

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.

53 N.Y.S.3d 196
150 A.D.3d 770

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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6 practice notes
  • People v. Walker, 2017–11779
    • United States
    • New York Supreme Court Appellate Division
    • December 30, 2020
    ...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......
  • People v. Ogando, 2016–11351
    • United States
    • New York Supreme Court Appellate Division
    • December 18, 2019
    ...at 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Seaberg , 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Thomas , 150 A.D.3d 770, 53 N.Y.S.3d 195 ; People v. Arias , 100 A.D.3d 914, 915, 953 N.Y.S.2d 892 ; People v. Hawthorne , 85 A.D.3d 819, 924 N.Y.S.2d 822 ; People v.......
  • Westchester Cnty. Dep't of Soc. Servs. v. Clarence T. (In re Natalia J.), 2016–10262
    • United States
    • New York Supreme Court Appellate Division
    • January 17, 2018
    ...April 2015, the father pleaded guilty to manslaughter in the second degree for recklessly causing Natalia's death (see People v. Thomas , 150 A.D.3d 770, 53 N.Y.S.3d 195 ). Based on the father's plea, DSS moved for summary judgment on the petitions. The Family Court granted the motion. On a......
  • People v. Jones, 2018–02877
    • United States
    • New York Supreme Court Appellate Division
    • August 26, 2020
    ...his contention that his sentence was excessive (see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Thomas, 150 A.D.3d 770, 53 N.Y.S.3d 195 ). MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ.,...
  • Request a trial to view additional results
6 cases
  • People v. Walker, 2017–11779
    • United States
    • New York Supreme Court Appellate Division
    • December 30, 2020
    ...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......
  • People v. Ogando, 2016–11351
    • United States
    • New York Supreme Court Appellate Division
    • December 18, 2019
    ...at 281, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Seaberg , 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Thomas , 150 A.D.3d 770, 53 N.Y.S.3d 195 ; People v. Arias , 100 A.D.3d 914, 915, 953 N.Y.S.2d 892 ; People v. Hawthorne , 85 A.D.3d 819, 924 N.Y.S.2d 822 ; People v.......
  • Westchester Cnty. Dep't of Soc. Servs. v. Clarence T. (In re Natalia J.), 2016–10262
    • United States
    • New York Supreme Court Appellate Division
    • January 17, 2018
    ...April 2015, the father pleaded guilty to manslaughter in the second degree for recklessly causing Natalia's death (see People v. Thomas , 150 A.D.3d 770, 53 N.Y.S.3d 195 ). Based on the father's plea, DSS moved for summary judgment on the petitions. The Family Court granted the motion. On a......
  • People v. Jones, 2018–02877
    • United States
    • New York Supreme Court Appellate Division
    • August 26, 2020
    ...his contention that his sentence was excessive (see People v. Lopez, 6 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Thomas, 150 A.D.3d 770, 53 N.Y.S.3d 195 ). MASTRO, J.P., CHAMBERS, IANNACCI and CHRISTOPHER, JJ.,...
  • Request a trial to view additional results

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