Opinion
1215 KA 19-01089
02-05-2021
The PEOPLE of the State of New York, Respondent, v. Andrew MADDISON, Defendant-Appellant.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.
D.J. & J.A. CIRANDO, PLLC, SYRACUSE (JOHN A. CIRANDO OF COUNSEL), FOR DEFENDANT-APPELLANT.
WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (DARIENN P. BALIN OF COUNSEL), FOR RESPONDENT.
PRESENT: WHALEN, P.J., SMITH, TROUTMAN, BANNISTER, AND DEJOSEPH, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon a plea of guilty of burglary in the second degree ( Penal Law § 140.25 [2] ), defendant contends that his purported waiver of the right to appeal is invalid. We agree (see People v. Jones , 188 A.D.3d 1682, 1682, 132 N.Y.S.3d 380 [4th Dept. 2020] ; People v. Brown , 180 A.D.3d 1341, 1341, 115 N.Y.S.3d 734 [4th Dept. 2020], lv denied 35 N.Y.3d 968, 125 N.Y.S.3d 19, 148 N.E.3d 483 [2020] ). By failing to move to withdraw his guilty plea or to vacate the judgment of conviction, defendant failed to preserve for our review his further contention that the plea was not knowingly, intelligently, and voluntarily entered (see People v. McCullen , 162 A.D.3d 1661, 1661, 79 N.Y.S.3d 440 [4th Dept. 2018] ), and this case does not fall within the rare exception to the preservation requirement (see People v. Lopez , 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ). Indeed, nothing in the plea colloquy called into question the voluntariness of the plea or cast "significant doubt" on defendant's guilt, and County Court therefore had no duty to conduct further inquiry with respect to the plea ( id. ). In any event, we conclude that defendant knowingly, intelligently, and voluntarily entered his guilty plea (see People v. Rathburn , 178 A.D.3d 1421, 1421-1422, 112 N.Y.S.3d 654 [4th Dept. 2019], lv denied 35 N.Y.3d 944, 124 N.Y.S.3d 282, 147 N.E.3d 552 [2020] ). Finally, the sentence is not unduly harsh or severe.