People v. Swarts, 64 A.D.3d 801 (N.Y. App. Div. 2009). · Go Syfert
People v. Swarts, 64 A.D.3d 801 (N.Y. App. Div. 2009). Cases Citing This Book View Copy Cite
7 citation events (7 in the last 25 years) across 1 distinct court.
Strongest positive: People v. Ernst (nyappdiv, 2016-11-10)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Ernst
N.Y. App. Div. · 2016 · confidence medium
We thus conclude that the court “fulfilled its duty to inquire further” (People v Smarts, 64 AD3d 801, 802 [2009]; see People v Leonard, 25 AD3d 925, 925-926 [2006], lv denied 6 NY3d 850 [2006]), and the subsequent “ ‘protestations [of defendant] as to [her] . . . [continued] confusion . . . ring hollow’ in light of [her] admissions during the plea colloquy” (People v McNally, 59 AD3d 959, 960 [2009], lv denied 12 NY3d 819 [2009], quoting Alexander, 97 NY2d at 486 ; see People v Hayes, 39 AD3d 1173, 1175 [2007], lv denied 9 NY3d 923 [2007]).
discussed Cited as authority (rule) People v. MacDonald
N.Y. App. Div. · 2010 · confidence medium
To be sure, defendant initially asserted that he did not employ physical force during his encounter with the victim; however, County Court satisfied its duty to inquire further and defendant acknowledged that the victim submitted to sexual intercourse based on his threat to cause her physical injury (see Penal Law § 130.00 [8]; § 130.35 [1]; People v Swarts, 64 AD3d 801, 802 [2009]).
discussed Cited as authority (rule) People v. Aubrey
N.Y. App. Div. · 2010 · confidence medium
In any event, defendant’s claims are without merit, as the record reveals that County Court fully apprised defendant of the ramifications of pleading guilty and defendant communicated his understanding on the record, relinquished his rights and freely admitted his guilt (see People v Swarts, 64 AD3d 801, 802 [2009]).
discussed Cited as authority (rule) People v. Bridge
N.Y. App. Div. · 2010 · confidence medium
Defendant’s claim that his plea was not knowingly, voluntarily, or intelligently made is unpreserved for appellate review because he did not move to withdraw his plea or vacate the judgment of conviction (see People v Swarts, 64 AD3d 801, 802 [2009]; People v Myricks, 36 AD3d 1006, 1006 [2007], lv denied 8 NY3d 948 [2007]).
discussed Cited as authority (rule) People v. Thompson
N.Y. App. Div. · 2010 · confidence medium
Further, the narrow exception to the preservation rule is inapplicable here as defendant did not make any statements during the plea allocution that either cast doubt on his guilt or otherwise tended to negate an element of the crime (see People v Swarts, 64 AD3d 801, 802 [2009]; People v Grant, 60 AD3d 1202, 1202-1203 [2009]).
discussed Cited as authority (rule) People v. Volfson
N.Y. App. Div. · 2010 · confidence medium
In any event, defendant’s claim that he did not understand the import of his waiver of the rights to trial and appeal is belied by the record of County Court’s extensive colloquies with him (see People v Smarts, 64 AD3d 801, 802 [2009]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Jeffrey L. Swarts
Appellate Division of the Supreme Court of the State of New York.
Jul 2, 2009.
64 A.D.3d 801
Kavanagh.
Cited by 7 opinions  |  Published
Kavanagh, J.

Appeal from a judgment of the County Court of Tioga County (Sgueglia, J.), rendered November 21, 2008, convicting defendant upon his plea of guilty of the crime of sexual abuse in the first degree.

Defendant pleaded guilty to sexual abuse in the first degree in full satisfaction of a three-count indictment arising out of charges that he molested the six-year-old daughter of a woman with whom he was living. Pursuant to the negotiated plea agreement, defendant was sentenced to four years in prison followed by five years of postrelease supervision. He now appeals and we affirm.

Defendant’s contentions that his plea was involuntary and factually insufficient are precluded by his failure to move to withdraw the plea or vacate the judgment of conviction (see People v Brady, 59 AD3d 748, 748 [2009]; People v Smith, 57 AD3d 1237, 1237 [2008]). Moreover, the narrow exception to the preservation rule is inapplicable inasmuch as defendant did not make any statement during the plea that negated an element of the crime or cast doubt on his guilt (see People v Grant, 60 AD3d 1202, 1202-1203 [2009]). On the contrary, although the record does reflect defendant’s initial confusion as to the exact charge to which he was pleading guilty, County Court fulfilled its duty to inquire further and defendant expressly admitted to inserting his finger into the victim’s vagina (cf. People v Bateman, 278 AD2d 749, 749-750 [2000]). Indeed, a review of the plea allocution reveals that County Court fully apprised defendant of the ramifications associated with pleading guilty and indicates that such plea was entered voluntarily, knowingly and intelligently (see People v Demontigny, 60 AD3d 1152, 1153 [2009]).

Peters, J.P., Spain, Lahtinen and McCarthy, JJ., concur. Ordered that the judgment is affirmed.