People v. Dumbleton

Appellate Division of the Supreme Court of New York

People v. Dumbleton

2017 NY Slip Op 3670, 150 A.D.3d 1688, 51 N.Y.S.3d 918

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 5, 2017

Docket607 KA 15-00124

StatusPublished

Cited by4 cases

This text of 2017 NY Slip Op 3670 (People v. Dumbleton) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Dumbleton, 2017 NY Slip Op 3670, 150 A.D.3d 1688, 51 N.Y.S.3d 918 (N.Y. Ct. App. 2017).

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Opinion

Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered November 13, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]), defendant contends that County Court erred in enhancing his sentence based on a violation of the plea agreement without first conducting a hearing pursuant to People v Outley (80 NY2d 702 [1993]). Although defendant’s contention survives his valid waiver of the right to appeal (see People v Scott, 101 AD3d 1773, 1773 [2012], lv denied 21 NY3d 1019 [2013]), defendant did not preserve that contention for our review inasmuch as “he failed to object to the alleged enhanced sentence and did not move to withdraw his plea or to vacate the judgment of conviction on that ground” (People v Epps, 109 AD3d 1104, 1105 [2013]; see People v Mills, 90 AD3d *1689 1518, 1518 [2011], lv denied 18 NY3d 960 [2012]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Present— Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.

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Appeal from a judgment of the Genesee County Court (Robert C. Noonan, J.), rendered November 13, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal contempt in the first degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of criminal contempt in the first degree (Penal Law § 215.51 [b] [v]), defendant contends that County Court erred in enhancing his sentence based on a violation of the plea agreement without first conducting a hearing pursuant to People v Outley (80 NY2d 702 [1993]). Although defendant’s contention survives his valid waiver of the right to appeal (see People v Scott, 101 AD3d 1773, 1773 [2012], lv denied 21 NY3d 1019 [2013]), defendant did not preserve that contention for our review inasmuch as “he failed to object to the alleged enhanced sentence and did not move to withdraw his plea or to vacate the judgment of conviction on that ground” (People v Epps, 109 AD3d 1104, 1105 [2013]; see People v Mills, 90 AD3d *1689 1518, 1518 [2011], lv denied 18 NY3d 960 [2012]), and we decline to exercise our power to review it as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]).

Present— Whalen, P.J., Smith, Centra, Peradotto and Scudder, JJ.

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Bluebook (online)

2017 NY Slip Op 3670, 150 A.D.3d 1688, 51 N.Y.S.3d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-dumbleton-nyappdiv-2017.

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