People v. Williams

Decision Date30 June 2016
Citation2016 N.Y. Slip Op. 05193,33 N.Y.S.3d 781 (Mem),140 A.D.3d 1535
PartiesThe PEOPLE of the State of New York, Respondent, v. Kevin P. WILLIAMS, Appellant.
CourtNew York Supreme Court — Appellate Division

Donna C. Chin, Ithaca, for appellant.

Weeden A. Wetmore, District Attorney, Elmira (Jordan J. Yorke of counsel), for respondent.

Before: PETERS, P.J., GARRY, ROSE, MULVEY and AARONS, JJ.

ROSE, J.

Appeal from a judgment of the County Court of Chemung County (Hayden, J.), rendered December 22, 2014, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

Defendant pleaded guilty to criminal possession of a weapon in the second degree in full satisfaction of a two-count indictment. He was thereafter sentenced, as a second felony offender, to six years in prison to be followed by five years of postrelease supervision. Defendant now appeals.

We affirm. Defendant's contention that he was denied the effective assistance of counsel is unpreserved for our review inasmuch as the record does not reflect that he made an appropriate motion to withdraw his plea or vacate the judgment of conviction (see People v. Jenkins, 130 A.D.3d 1091, 1091, 12 N.Y.S.3d 384 [2015] ; People v. Wilson, 126 A.D.3d 1143, 1143, 2 N.Y.S.3d 813 [2015], lv. denied 25 N.Y.3d 1078, 12 N.Y.S.3d 630, 34 N.E.3d 381 [2015] ). Further, we reject defendant's contention that his sentence is harsh and excessive. Given defendant's criminal history and the fact that the sentence imposed was well below the maximum sentence that defendant could have received, we discern no extraordinary circumstances or abuse of discretion warranting a modification of the sentence (see People v. Mosley, 87 A.D.3d 1179, 1179, 929 N.Y.S.2d 511 [2011] ; People v. McPherson, 76 A.D.3d 1117, 1117, 907 N.Y.S.2d 711 [2010] ).

ORDERED that the judgment is affirmed.

PETERS, P.J., GARRY, MUL...

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5 cases
  • People v. Simpson
    • United States
    • New York Supreme Court — Appellate Division
    • January 19, 2017
    ... ... Sprowls of counsel), for appellant.D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.Before: McCARTHY, J.P., EGAN JR., LYNCH, CLARK and AARONS, JJ.CLARK, J.146 A.D.3d 1175Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered April 14, 2015, convicting defendant upon his guilty plea of the crime of criminal possession of a controlled substance in the third degree.In March 2014, defendant sold cocaine to a confidential informant (hereinafter CI) in two separate controlled buys. Under the supervision of ... ...
  • People v. Lobaton
    • United States
    • New York Supreme Court — Appellate Division
    • June 30, 2016
    ... ... Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.Before: LAHTINEN, J.P., ROSE, LYNCH, CLARK and AARONS, JJ.CLARK, J.140 A.D.3d 1534 Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered October 3, 2014, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.Defendant pleaded guilty to burglary in the second degree in full satisfaction of a 12count indictment and waived the right to appeal his conviction and sentence. County Court ... ...
  • People v. Mills
    • United States
    • New York Supreme Court — Appellate Division
    • January 19, 2017
    ... ... Further, given that defendant was expressly afforded an opportunity to withdraw his plea, we are not persuaded that this is one of those rare cases where a "defendant had no practical ability to assert that the plea was invalid prior to the imposition of sentence" (People v. Williams, 27 N.Y.3d 212, 220, 32 N.Y.S.3d 17, 51 N.E.3d 528 [2016] ). Hence, we discern no exception to the preservation requirement. That said, even assuming that defendant's challenge to the voluntariness of his plea was properly before us, we would find it to be lacking in merit. Simply put, neither the ... ...
  • People v. Driscoll
    • United States
    • New York Supreme Court — Appellate Division
    • February 9, 2017
    ...it before County Court and the record does not reflect that he moved to withdraw his plea on this ground (see People v. Williams, 140 A.D.3d 1535, 1536, 33 N.Y.S.3d 781 [2016], lv. denied 28 N.Y.3d 975, 43 N.Y.S.3d 263, 66 N.E.3d 9 [2016] ; People v. Rich, 140 A.D.3d 1407, 1407, 34 N.Y.S.3d......
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