At page 736 Preserving claims challenging plea voluntariness6 citing casesRose, J. Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered September 14, 1999, convicting defendant upon his plea of guilty of…
- People v. Santalucia, 19 A.D.3d 806 (N.Y. App. Div. 3d Dep't 2005).publishedDefendant’s challenge to the voluntariness of the plea, while not encompassed by his waiver of the right to appeal, is not preserved for our review inasmuch as he did not move to withdraw the plea or vacate the judgment of conviction (see…
- People v. Pittman, 17 A.D.3d 930 (N.Y. App. Div. 3d Dep't 2005).publishedA motion to withdraw his plea or vacate the judgment of conviction was necessary to preserve that claim (see People v Hughes, 3 AD3d 736, 736 [2004]; People v Banks, 305 AD2d 812, 812 [2003], lv denied 100 NY2d 578 [2003]).
- People v. Kearney, 14 A.D.3d 938 (N.Y. App. Div. 3d Dep't 2005).publishedInitially, given that defendant did not move to withdraw the plea or vacate the judgment of conviction, he is precluded from challenging the voluntariness of the plea (see People v Mahar, 12 AD3d 715, 715-716 [2004]; People v Hughes, 3 AD3…
- People v. Pierre, 8 A.D.3d 904 (N.Y. App. Div. 3d Dep't 2004).publishedDefendant has not preserved this issue for appellate review since he did not move to withdraw his plea or vacate the judgment of conviction (see People v Costa, 4 AD3d 675, 676 [2004]; People v Perry, 4 AD3d 618, 619 [2004]; People v Hughe…
- People v. Barrier, 7 A.D.3d 885 (N.Y. App. Div. 3d Dep't 2004).publishedCounty Court answered defendant’s questions, ascertained that he understood, allowed him to confer with counsel and apprised him at length about the rights that he was foregoing and the consequences and terms of the plea and the appeal wai…
- People v. Williams, 6 A.D.3d 746 (N.Y. App. Div. 3d Dep't 2004).publishedInitially, defendant’s challenge to the voluntariness of his plea is unpreserved, as he neither moved to withdraw his plea nor to vacate the judgment of conviction, “a necessary prerequisite to preserving this claim” (People v Hughes, 3 AD…
At page 737 Finding plea and appeal waiver knowing and voluntary4 citing cases“Under the circumstances presented, we find that the plea and waiver were knowingly, voluntarily and intelligently entered (see People v Anderson, 304 AD2d 975, 975-976 [2003], lv denied 100 NY2d 578 [2003]; People v De Berardinis, 304 AD2d 914, 915 [2003], lv denied 100 NY2d 580 [2003]).”
- People v. Rivera, 20 A.D.3d 763 (N.Y. App. Div. 3d Dep't 2005).publishedFinding no basis for determining that the plea and appeal waiver were other than knowing, voluntary and intelligent, we decline to disturb them (see People v Hughes, 3 AD3d 736, 737 [2004]), and his contention that his sentence was harsh a…
- People v. Mondore, 18 A.D.3d 961 (N.Y. App. Div. 3d Dep't 2005).publishedGiven the knowing, voluntary and intelligent plea of guilty and waiver of the right to appeal, we will not review defendant’s contention that his sentence was harsh and excessive (see People v Clow, 10 AD3d 803, 804 [2004]; People v Hughes…
- People v. Humes, 16 A.D.3d 844 (N.Y. App. Div. 3d Dep't 2005).publishedInitially, we note that defendant’s knowing, voluntary and intelligent waiver of the right to appeal precludes his challenge to the severity of the sentence with respect to the burglary charge (see People v Clow, 10 AD3d 803, 804 [2004]; P…
- People v. Stone, 9 A.D.3d 498 (N.Y. App. Div. 3d Dep't 2004).publishedHaving received an advantageous plea despite denial of his suppression motions, defendant was afforded meaningful representation (see People v Ward, 2 AD3d 1219,1220 [2003]), and we find his guilty plea to be voluntary, knowing and intelli…
v.
James Hughes
Appeal from a judgment of the County Court of Albany County (Rosen, J.), rendered September 14, 1999, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.
Defendant was charged in an indictment with several crimes after he and a codefendant allegedly entered the home of the victim, threatened him with a handgun and took $500. Thereafter, he pleaded guilty to criminal possession of a weapon in the second degree in satisfaction of all charges and waived his right to appeal. In accordance with the plea agreement, he was sentenced to nine years in prison to be followed by a 2½-year period of postrelease supervision.
Defendant now appeals contending, among other things, that he was coerced into entering the plea and, therefore, his waiver of appeal should not be enforced. Defendant, however, did not move to withdraw his plea or vacate the judgment of conviction, a necessary prerequisite to preserving this claim (see People v Urbina, 1 AD3d 717, 717 [2003]; People v Smith, 305 AD2d 853, 854 [2003], lv denied 100 NY2d 624 [2003]). In any event, even if we were to consider it, the record belies defendant’s assertions of coercion and duress. County Court thoroughly explained to defendant all of the rights affected by a plea of guilty, including the waiver of the right to appeal. Defendant responded that he understood and stated that he was not pressured or forced into entering a plea. He then admitted that, on the date in[*737] question, he possessed a loaded handgun and intended to use it on the victim. Under the circumstances presented, we find that the plea and waiver were knowingly, voluntarily and intelligently entered (see People v Anderson, 304 AD2d 975, 975-976 [2003], lv denied 100 NY2d 578 [2003]; People v De Berardinis, 304 AD2d 914, 915 [2003], lv denied 100 NY2d 580 [2003]).
Given defendant’s voluntary waiver of the right to appeal, he has waived his remaining claims, including his challenge to the sentence as harsh and excessive (see People v Hidalgo, 91 NY2d 733, 737 [1998]; People v De Berardinis, supra at 916).
Mercure, J.P., Crew III, Carpinello and Kane, JJ., concur. Ordered that the judgment is affirmed.