People v. Morehouse, 140 A.D.3d 1202 (N.Y. App. Div. 2016). · Go Syfert
People v. Morehouse, 140 A.D.3d 1202 (N.Y. App. Div. 2016). Cases Citing This Book View Copy Cite
15 citation events (15 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Hinds (nyappdiv, 2023-06-15)
Top citers, strongest first. 13 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Hinds
N.Y. App. Div. · 2023 · confidence medium
Next, defendant's argument that County Court abused its discretion in rejecting his pretrial request for substitution of his assigned counsel is unpreserved given his failure to move to withdraw his plea ( see People v Morehouse , 140 AD3d 1202, 1203 [3d Dept 2016], lv denied 28 NY3d 934 [2016]).
discussed Cited as authority (rule) People v. Wheeler
N.Y. App. Div. · 2023 · confidence medium
In this regard, the record reflects that defendant had reviewed "all" of the discovery materials upon which the People relied and had discussed the strength and implications thereof with counsel, as a result of which defendant elected to enter an Alford plea in an effort to avoid a lengthier period of incarceration ( see People v Tchiyuka , 160 AD3d 1488 , 1489 [4th Dept 2018]; People v Morehouse , 140 AD3d 1202, 1203 [3d Dept 2016], lv denied 28 NY3d 934 [2016]).
discussed Cited as authority (rule) People v. Retell
N.Y. App. Div. · 2022 · confidence medium
Although defendant's challenge to the factual sufficiency of his Alford plea is not precluded given the invalid appeal waiver, [FN1] we nevertheless conclude that defendant's contention is not preserved for our review, as he did not move to withdraw his plea or to vacate the judgment of conviction ( see People v Elawar , 204 AD3d 1247, 1248-1249 [3d Dept 2022], lv denied 38 NY3d 1133 [2022]; People v Morehouse , 140 AD3d 1202, 1203 [3d Dept 2016], lv denied 28 NY3d 934 [2016]; People v Ture , 94 AD3d 1163, 1164 [3d Dept 2012], lv denied 19 NY3d 968 [2012]; People v Hinckley , 50 AD3d 1466, 146…
discussed Cited as authority (rule) People v. Mcmillian
N.Y. App. Div. · 2022 · confidence medium
Based upon our review of the record, we find issues of arguable merit pertaining to the validity of the waiver of the right to appeal that may impact other issues that may be raised ( see People v McCray , 119 AD3d 1235, 1235 [2014]), such as whether County Court conducted an adequate inquiry before denying defendant's request for new counsel ( People v Morehouse , 140 AD3d 1202, 1203 [2016], lv denied 28 NY3d 934 [2016]; People v Stevenson , 112 AD3d 989 , 990-991 [2013], lv denied 22 NY3d 1159 [2014]).
discussed Cited as authority (rule) People v. Elawar
N.Y. App. Div. · 2022 · confidence medium
Although defendant's challenge to the voluntariness of his Alford plea survives even a valid appeal waiver, it is unpreserved for our review in the absence of an appropriate postallocution motion, and the narrow exception to the preservation requirement is inapplicable ( see People v Crandall , 181 AD3d 1091, 1092-1093 [2020], lv denied 35 NY3d 1026 [*2][2022]; People v Mickel , 157 AD3d 1140 , 1141 [2018], lv denied 31 NY3d 1015 [2018]; People v Morehouse , 140 AD3d 1202, 1203 [2016], lv denied 28 NY3d 934 [2016]).
discussed Cited as authority (rule) People v. Waldron
N.Y. App. Div. · 2019 · confidence medium
Defendant failed to preserve for our review his challenge to the restitution imposed due to his failure to request a hearing or challenge the amount at sentencing ( see People v Horne , 97 NY2d 404 , 414 n 3 [2002]; People v Dunn , 160 AD3d 1202 , 1203 [2018]; People v Nesbitt , 144 AD3d 1329, 1329-1330 [2016]; People v Morehouse , 140 AD3d 1202, 1204 [2016], lv denied 28 NY3d 934 [2016]).
discussed Cited as authority (rule) People v. Roosevelt
N.Y. App. Div. · 2019 · confidence medium
Inasmuch as defendant has not provided evidence supporting a claim of innocence, fraud or mistake in the plea's inducement and our review of the record establishes that the plea was the result of a voluntary, rational and informed choice ( see People v Morehouse , 140 AD3d 1202, 1203 [2016], lv denied 28 NY3d 934 [2016]; People v Kyzer , 21 AD3d 1212, 1213-1214 [2005]), County Court's denial of defendant's motion to withdraw the plea without holding an evidentiary hearing was not an abuse of discretion ( see People v Woods , 158 AD3d 900 , 900 [2018], lv denied 31 NY3d 1154 [2018]; People v Ro…
discussed Cited as authority (rule) People v. Dunn
N.Y. App. Div. · 2018 · confidence medium
Although defendant failed to preserve his challenge by requesting a hearing or objecting to the amount ordered ( see People v Nesbitt , 144 AD3d 1329, 1330 [2016]; People v Morehouse , 140 AD3d 1202, 1204 [2016], lv denied 28 NY3d 934 [2016]), we deem it appropriate to exercise our interest of justice jurisdiction and modify the judgment, only insofar as it directs defendant to pay restitution in the amount of $450, and reduce the amount of restitution to $250 so as to conform with the plea agreement.
discussed Cited as authority (rule) People v. Gutek
N.Y. App. Div. · 2017 · confidence medium
Despite multiple diligent inquiries by the court into the basis for defendant’s requests, he failed at any point to articulate a specific conflict of interest or actual irreconcilable conflict with counsel that affected counsel’s representation so as to warrant assigning new counsel (see People v Smith, 18 NY3d at 593 ; People v Linares, 2 NY3d at 511 ; People v Morehouse, 140 AD3d 1202, 1203 [2016], lv denied 28 NY3d 934 [2016]; cf. People v Sides, 75 NY2d at 824-825 ).
discussed Cited as authority (rule) People v. Puccini
N.Y. App. Div. · 2016 · confidence medium
Although this argument survives defendant’s unchallenged appeal waiver to the extent that it impacts upon the voluntariness of his plea, such claim is unpreserved for our review in the absence of an appropriate postallocution motion (see CPL 220.60 [3]; People v Morehouse, 140 AD3d 1202, 1203 [2016], lv denied 28 NY3d 934 [2016]; People v Rolfe, 83 AD3d 1219, 1220 [2011], lv denied 17 NY3d 809 [2011]). *1109 To the extent that defendant’s brief may be read as asserting a violation of his constitutional right to counsel—an issue that may, in certain defined instances, be raised for the fi…
discussed Cited as authority (rule) People v. Nesbitt
N.Y. App. Div. · 2016 · confidence medium
Accordingly, the judgment is modified by reversing the sentence only insofar as it directs defendant to pay restitution in the amount of $300 pursuant to his conviction under indictment No. 1-80-2014 and remit the matter for the sole purpose of a restitution hearing or a redetermination of restitution (see People v Morehouse, 140 AD3d 1202, 1204 [2016], lv denied 28 NY3d 934 [2016]; People v Lyman, 119 AD3d 968 , 970 [2014], lv denied 27 NY3d 1153 [2016]).
cited Cited "see" Adam C. Crampton v. Superintendent Lilley
N.D.N.Y. · 2026 · signal: see · confidence high
See People v. Morehouse, 140 A.D.3d 1202, 1203 (N.Y.
discussed Cited "see" People v. Crampton
N.Y. App. Div. · 2022 · signal: see · confidence high
Assuming, without deciding, that defendant's argument on this point implicates the voluntariness of his plea and therefore is not "encompassed by the plea and the waiver of the right to appeal" ( People v Sallard , 175 AD3d 1839 , 1839-1840 [2019] [internal quotation marks and citations omitted], lv denied 35 NY3d 1048 [2020]; see People v Morehouse , 140 AD3d 1202, 1203 [2016], lv denied 28 NY3d 934 [2016]; People v Rolfe , 83 AD3d 1219, 1220 [2011], lv denied 17 NY3d 809 [2011]) and, further, was not effectively abandoned "when he decided to plead guilty while still being represented by the …
Retrieving the full opinion text from the archive…
The People of the State of New York, Respondent,
v.
Scott Morehouse, Appellant
106366.
Appellate Division of the Supreme Court of the State of New York.
Jun 2, 2016.
140 A.D.3d 1202
Lahtinen, Peters, Garry, Clark, Mulvey.
Cited by 13 opinions  |  Published
Lahtinen, J.

Appeal from a judgment of the County Court of Warren County (Hall Jr., J.), rendered October 9, 2013, convicting defendant upon his plea of guilty of the crime of criminal possession of stolen property in the fourth degree.

In 2011, defendant pleaded guilty to forgery in the second degree in full satisfaction of an eight-count indictment and executed a waiver of his right to appeal, and County Court sentenced him to a prison term of 2 to 4 years (109 AD3d 1022, 1022 [2013]). On appeal, this Court found that defendant had made a statement during his allocution that implicated the voluntariness of his guilty plea, vacated defendant’s guilty plea and remitted the matter to County Court {id. at 1022-1023). Thereafter, following the denial of defendant’s request for substitute counsel, defendant entered an Alford plea (North Carolina v Alford, 400 US 25, 37 [1970]) to one count of criminal possession of stolen property in the fourth degree in full satisfaction of the eight-count indictment and executed in[*1203] open court a written waiver of the right to appeal. Consistent with the plea agreement, County Court sentenced defendant to a prison term of IV2 to 3 years, with credit for prison time already served, and ordered restitution in the amount of $1,345. Defendant now appeals.

While defendant’s challenge to his Alford plea survives his appeal waiver to the extent that it implicates the voluntariness of his plea, it is unpreserved as he failed to make an appropriate postallocution motion, and the narrow exception to the preservation rule is inapplicable (see People v Hughes, 134 AD3d 1301, 1301 [2015], lv denied 27 NY3d 966 [2016]; People v Dale, 115 AD3d 1002, 1007 [2014]; People v Fallen, 106 AD3d 1118, 1119 [2013], lv denied 22 NY3d 1156 [2014]; People v Ture, 94 AD3d 1163, 1164 [2012], lv denied 19 NY3d 968 [2012]). In any event, were the issue properly before us, we would find defendant’s contention that County Court erred in accepting his Alford plea unavailing. Here, the record reveals that County Court ensured that defendant understood the rights that he knowingly and voluntarily relinquished by pleading guilty, that he had the opportunity to speak with his attorney before pleading guilty and that his plea was “the product of a voluntary and rational choice” to avoid the risks of trial and the possibility of consecutive sentences for numerous convictions (Matter of Silmon v Travis, 95 NY2d 470, 475 [2000]; see People v Ture, 94 AD3d at 1164; People v Andrews, 78 AD3d 1229, 1233 [2010], lv denied 16 NY3d 827 [2011]).

Similarly, even if defendant’s contention that County Court failed to make an adequate inquiry before denying his request for substitute counsel survived his appeal waiver by implicating the voluntariness of his guilty plea (see People v Rolfe, 83 AD3d 1219, 1220 [2011], lv denied 17 NY3d 809 [2011]), defendant failed to preserve this claim by moving to withdraw his plea (see CPL 220.60 [3]). In any event, County Court’s ample inquiry into the basis for defendant’s request for substitute counsel revealed nothing more than defendant’s personal animus towards his trial attorney, and defendant failed to articulate any “conflict of interest or other irreconcilable conflict” that affected counsel’s representation of him (People v Stevenson, 112 AD3d 989, 990 [2013], lv denied 22 NY3d 1159 [2014] [internal quotation marks omitted]; accord People v Sides, 75 NY2d 822, 824 [1990]). Accordingly, were this issue before us, we would find that defendant failed to demonstrate good cause for the appointment of substitute counsel, and, therefore, County Court did not abuse its discretion in denying his request (see People v Clapper, 133 AD3d[*1204] 1037, 1039 [2015], lv denied 27 NY3d 995 [2016]; People v Stevenson, 112 AD3d at 990-991; People v Rolfe, 83 AD3d at 1220).

Finally, defendant’s claim that there is a lack of support in the record for the amount of restitution ordered is also unpreserved for our review because the plea agreement and appeal waiver specified $991 as the amount of restitution to be imposed, and defendant failed to request a hearing or challenge that amount during sentencing (cf. People v Robinson, 133 AD3d 1043, 1044 [2015]; People v Gardner, 129 AD3d 1386, 1388 [2015]). Nevertheless, the People concede in their brief, and we agree, that the $1,345 in restitution ordered by County Court exceeds the $991 that was specified in the plea agreement and in the appeal waiver signed by defendant. We therefore deem it appropriate to exercise our interest of justice jurisdiction to take corrective action and modify the judgment by reversing the sentence only insofar as it directs defendant to pay restitution in the amount of $1,345 and remit the matter to County Court for the imposition of restitution in the correct amount (see People v Gardner, 129 AD3d at 1388; People v Lyman, 119 AD3d 968, 970 [2014]).

Peters, P.J., Garry, Clark and Mulvey, JJ., concur.

Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reversing so much thereof as directed defendant to pay restitution in the amount of $1,345; matter remitted to the County Court of Warren County for further proceedings not inconsistent with this Court’s decision; and, as so modified, affirmed.