People v. Waters
| Decision Date | 20 January 2011 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Isiah WATERS, Also Known as Eight, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Susan Lyn Preston, Westerlo, for appellant.
Robert M. Carney, District Attorney, Schenectady (Gerald A. Dwyer of counsel), for respondent.
Before: PETERS, J.P., SPAIN, ROSE, LAHTINEN and McCARTHY, JJ.
Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered October 2, 2008, convicting defendant upon his plea of guilty of the crime of murder in the second degree.
In satisfaction of an 11-count indictment, defendant pleaded guilty to murder in the second degree and waived his right to appeal. Prior to sentencing, he moved to withdraw his plea, claiming that it was not knowingly, intelligently and voluntarily entered because he was coerced by counsel into accepting it and did not understand its terms. County Court denied the motion and sentenced defendant, in accordance with the plea agreement, to 20 years to life in prison. He now appeals, and we affirm.
Initially, the People concede that defendant's claims survive the waiver of appeal and are preserved by virtue of his motion to withdraw the plea ( see People v. Mitchell, 73 A.D.3d 1346, 1347, 901 N.Y.S.2d 405 [2010]; People v. Greathouse, 62 A.D.3d 1212, 1213, 879 N.Y.S.2d 629 [2009], lv. denied 13 N.Y.3d 744, 886 N.Y.S.2d 98, 914 N.E.2d 1016 [2009] ). Such a motion, however, is left to the sound discretion of the trial court and, generally, a plea may not be withdrawn unless there is some evidence of innocence, fraud or mistake in the inducement ( see People v. Shovah, 67 A.D.3d 1257, 1258, 889 N.Y.S.2d 717 [2009], lv. denied 14 N.Y.3d 773, 898 N.Y.S.2d 105, 925 N.E.2d 110 [2010]; People v. Carmona, 66 A.D.3d 1240, 1241, 887 N.Y.S.2d 370 [2009], lv. denied 14 N.Y.3d 799, 899 N.Y.S.2d 133, 925 N.E.2d 937 [2010] ).
Here, the record reveals that County Court engaged in a detailed plea colloquy during which defendant repeatedly expressed understanding of the terms of the plea agreement, indicated that he had discussed it thoroughly with his counsel and was satisfied with his services, declined the opportunity to consult further with counsel and denied receiving any threats, promises or pressure to plead guilty. Also, contrary to defendant's contention, his allocution did not raise the possibility of a justification defense. Defendant stated that he chased the victim and, with the intent to cause his death, fired a .22 caliber weapon at him numerous times. Viewing the allocution in its entirety, it is clear that defendant's motive was retaliation, not self-defense. Accordingly, we conclude that County Court properly denied the motion to withdraw the guilty plea without a hearing ( see People v. Johnson, 77 A.D.3d 986, 908 N.Y.S.2d 276 [2010]; People v. First, 62 A.D.3d 1043, 1044, 880 N.Y.S.2d 195 [2009], lv. denied 12 N.Y.3d 915, 884 N.Y.S.2d 696, 912 N.E.2d 1077 [2009] ). Finally, defendant's challenge to his sentence as harsh and excessive is...
To continue reading
Request your trial
-
People v. Williford
... ... Mydosh, 117 A.D.3d 1195, 1196, 984 N.Y.S.2d 687 [2014], lv. denied 24 N.Y.3d 963, 996 N.Y.S.2d 222, 20 N.E.3d 1002 [2014] ; People v. Waters, 80 A.D.3d 1002, 1003, 914 N.Y.S.2d 781 [2011], lvs. denied 16 N.Y.3d 858, 923 N.Y.S.2d 420, 947 N.E.2d 1199, 16 N.Y.3d 864, 923 N.Y.S.2d 426, 947 N.E.2d 1205 [2011]; compare People v. Ross, 117 A.D.3d 1342, 13421343, 986 N.Y.S.2d 687 [2014] ). During the allocution, County Court used the words ... ...
-
People v. Taylor
... ... Mitchell, 73 A.D.3d 1346, 1347, 901 N.Y.S.2d 405 [2010], lv. denied 15 N.Y.3d 922, 913 N.Y.S.2d 649, 939 N.E.2d 815 [2010] [internal quotation marks and citations omitted]; see People v. Waters, 80 A.D.3d 1002, 1003-1004, 914 N.Y.S.2d 781, 782 [2011]; People v. Walker, 27 A.D.3d 899, 901, 810 N.Y.S.2d 592 [2006], lv. denied 7 N.Y.3d 764, 819 N.Y.S.2d 890, 853 N.E.2d 261 [2006] ). No such showing was made here. During the plea colloquy, County Court informed defendant of his right to plead ... ...
-
People v. Jerome
... ... Accordingly, we conclude that County Court's denial of defendant's motion was a sound exercise of its discretion ( see People v. Keating, 96 A.D.3d 1107, 1108, 945 N.Y.S.2d 582 [2012];People v. Waters, 80 A.D.3d 1002, 1003, 914 N.Y.S.2d 781 [2011],lv. denied16 N.Y.3d 858, 923 N.Y.S.2d 420, 947 N.E.2d 1199 [2011] ). We also reject defendant's contention that his waiver of the right to appeal was invalid. The plea allocution and the written waiver of appeal executed in open court demonstrate that ... ...
-
People v. Carpenter
... ... Accordingly, we find that the plea was properly entered and that Count Court did not abuse its discretion in denying the motion to withdraw his plea without a hearing ( see People v. Waters, 80 A.D.3d 1002, 1003, 914 N.Y.S.2d 781 [2011], lv. denied 16 N.Y.3d 858, 864, 923 N.Y.S.2d 420, 426, 947 N.E.2d 1199, 1205 [2011]; People v. Johnson, 77 A.D.3d 986, 986987, 908 N.Y.S.2d 276 [2010], lv. denied 16 N.Y.3d 743, 917 N.Y.S.2d 625, 942 N.E.2d 1050 [2011] ). We also reject defendant's ... ...