State v. Ryan

• Decision Date: 16 October 1997
• Citation: 243 A.D.2d 869,663 N.Y.S.2d 312
• Parties: , 1997 N.Y. Slip Op. 8543 The PEOPLE of The State of New York, Respondent, v. John G. RYAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 312

663 N.Y.S.2d 312

243 A.D.2d 869, 1997 N.Y. Slip Op. 8543

The PEOPLE of The State of New York, Respondent, v. John G. RYAN, Appellant.

Supreme Court, Appellate Division Third Department.

Oct. 16, 1997.

Paul Robert Maher, Clifton Park, for appellant.

Richard H. Edwards, District Attorney, Malone, for respondent.

Before CARDONA, P.J., and MERCURE, WHITE, PETERS and CARPINELLO, JJ.

WHITE, Justice.

Appeal from a judgment of the County Court of Franklin County (Main Jr., J.), rendered September 9, 1996, convicting defendant upon his plea of guilty of the crime of burglary in the third degree.

In satisfaction of a superior court information charging him with various theft-related crimes, defendant pleaded guilty to the crime of burglary in the third degree in connection with his unlawful entry into a jewelry store and removal of approximately $16,000 worth of jewelry. As part of his guilty plea, defendant waived his right to appeal all issues except those related to his sentence. He was sentenced as a second felony offender to a prison term of 3 1/2 to 7 years.

On appeal, defendant contends, inter alia, that during the plea allocution County Court failed to adequately inquire as to his intent to commit the crime to which he pleaded guilty so as to insure a knowing, voluntary and intelligent guilty plea. In particular, defendant claims that he was under the influence of drugs and alcohol at the time of committing the subject crime and, therefore, he did not possess the intent necessary to support a plea of guilty to the crime of burglary in the third degree.

Initially, inasmuch as defendant failed to move to vacate the judgment of conviction or to withdraw his plea of guilty, he may not challenge the sufficiency of his guilty plea on appeal (see, People v. Sloan, 228 A.D.2d 976, 645 N.Y.S.2d 118, lv. denied 88 N.Y.2d 994, 649 N.Y.S.2d 401, 672 N.E.2d 627; People v. Sanchez, 224 A.D.2d 782, 654 N.Y.S.2d 178). Nevertheless, were we to consider this claim, we would find it to be without merit. Our review of the transcript of the plea allocution discloses that defendant entered a knowing, voluntary and intelligent plea of guilty and waiver of right to appeal following sufficient inquiry by County Court (see, People v. Sloan, supra; see also, People v. Brown, 188 A.D.2d 414, 592 N.Y.S.2d 245, lv. denied 81 N.Y.2d 837, 595 N.Y.S.2d 736, 611 N.E.2d 775). Neither defendant nor his attorney raised the issue of defendant's drug and/or alcohol...