People v. Micheaux

Appellate Division of the Supreme Court of New York

People v. Micheaux

2017 NY Slip Op 1496, 147 A.D.3d 687, 47 N.Y.S.3d 728

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

DecidedFebruary 28, 2017

Docket3227 3350N/13

StatusPublished

This text of 2017 NY Slip Op 1496 (People v. Micheaux) 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. Micheaux, 2017 NY Slip Op 1496, 147 A.D.3d 687, 47 N.Y.S.3d 728 (N.Y. Ct. App. 2017).

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Opinion

Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 14, 2015, convicting defendant, upon his plea of guilty, of criminal sale of a firearm in the first degree and conspiracy in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 13 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. The court’s oral colloquy with defendant concerning the waiver went beyond the minimum standards for such a colloquy (see People v Bryant, 28 NY3d 1094 [2016]). In addition, defendant acknowledged that he had discussed the waiver of his right to appeal with counsel, and he signed a written waiver.

To the extent defendant is claiming his plea was involuntary, that claim would survive an appeal waiver. However, we find that the plea was knowing, intelligent and voluntary, and that defendant received the precise sentence promised by the court. Furthermore, the court providently exercised its discretion in denying defendant’s meritless plea withdrawal motion (see People v Frederick, 45 NY2d 520 [1978]). Defendant’s remaining claims are foreclosed by the waiver and are unavailing in any event.

Concur — Renwick, J.P., Mazzarelli, Moskowitz, Kapnick and Webber, JJ.

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Judgment, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered May 14, 2015, convicting defendant, upon his plea of guilty, of criminal sale of a firearm in the first degree and conspiracy in the fourth degree, and sentencing him, as a second felony offender, to an aggregate term of 13 years, unanimously affirmed.

Defendant made a valid waiver of his right to appeal. The court’s oral colloquy with defendant concerning the waiver went beyond the minimum standards for such a colloquy (see People v Bryant, 28 NY3d 1094 [2016]). In addition, defendant acknowledged that he had discussed the waiver of his right to appeal with counsel, and he signed a written waiver.

To the extent defendant is claiming his plea was involuntary, that claim would survive an appeal waiver. However, we find that the plea was knowing, intelligent and voluntary, and that defendant received the precise sentence promised by the court. Furthermore, the court providently exercised its discretion in denying defendant’s meritless plea withdrawal motion (see People v Frederick, 45 NY2d 520 [1978]). Defendant’s remaining claims are foreclosed by the waiver and are unavailing in any event.

Concur — Renwick, J.P., Mazzarelli, Moskowitz, Kapnick and Webber, JJ.

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Bluebook (online)

2017 NY Slip Op 1496, 147 A.D.3d 687, 47 N.Y.S.3d 728, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-micheaux-nyappdiv-2017.

Opinion

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