Opinion
2016–07750 2016–07751 S.C.I. Nos. 15–00661 15–00683
12-20-2017
The PEOPLE, etc., respondent, v. Bryan MITCHELL, appellant.
Marianne Karas, Thornwood, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and Richard Longworth Hecht of counsel), for respondent.
Marianne Karas, Thornwood, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jennifer Spencer and Richard Longworth Hecht of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, JOSEPH J. MALTESE, COLLEEN D. DUFFY, JJ.
DECISION & ORDERAppeals by the defendant from two judgments of the County Court, Westchester County (Minihan, J.), both rendered January 19, 2016, convicting him of attempted burglary in the second degree under Superior Court Information No. 15–00661 and attempted burglary in the second degree under Superior Court Information No. 15–00683, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
While the defendant validly waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Muniz, 91 N.Y.2d 570, 575, 673 N.Y.S.2d 358, 696 N.E.2d 182 ), his contentions concerning the voluntariness of his pleas of guilty survive his appeal waivers (see People v. Seaberg, 74 N.Y.2d 1, 10, 543 N.Y.S.2d 968, 541 N.E.2d 1022 ; People v. Molina, 146 A.D.3d 815, 46 N.Y.S.3d 122 ; People v. Lujan, 114 A.D.3d 963, 980 N.Y.S.2d 815 ; People v. Persaud, 109 A.D.3d 626, 970 N.Y.S.2d 324 ). However, the defendant's contentions that his pleas were not knowing, voluntary, or intelligent and coerced by the County Court's remarks regarding his sentence exposure in the event he violated a condition of his pleas are unpreserved for appellate review, since he did not move to vacate his pleas or otherwise raise these issues before the court (see People v. Lopez, 71 N.Y.2d 662, 665, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Weston, 145 A.D.3d 746, 747, 43 N.Y.S.3d 413 ; People v. McCracken, 138 A.D.3d 1147, 28 N.Y.S.3d 890 ). In any event, the court's remarks regarding the defendant's sentence exposure did not constitute coercion (see People v. Solis, 111 A.D.3d 654, 655, 974 N.Y.S.2d 132 ; People v. Tavares, 103 A.D.3d 820, 820, 962 N.Y.S.2d 196 ; People v. Bravo, 72 A.D.3d 697, 698, 899 N.Y.S.2d 280 ). Furthermore, the defendant's claims of coercion are belied by his statements under oath that no one had forced, threatened, or coerced him to plead guilty and that he was entering the pleas of guilty freely and voluntarily (see People v. Weston, 145 A.D.3d at 747, 43 N.Y.S.3d 413 ; People v. McVay, 140 A.D.3d 1090, 33 N.Y.S.3d 742 ; People v. Ward, 140 A.D.3d 903, 904, 32 N.Y.S.3d 648 ).
LEVENTHAL, J.P., CHAMBERS, MALTESE and DUFFY, JJ., concur.