Opinion
2012-04389, Ind. No. 46/11.
10-14-2015
The PEOPLE, etc., respondent, v. James T. WILSON, appellant.
Del Atwell, East Hampton, N.Y., for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Del Atwell, East Hampton, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Joan H. McCarthy of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Dutchess County (Greller, J.), rendered April 19, 2012, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress a statement he made to law enforcement officials.
ORDERED that the judgment is affirmed.
The evidence presented at the Huntley hearing (People v. Huntley, 15 N.Y.2d 72, 255 N.Y.S.2d 838, 204 N.E.2d 179 ) supported the County Court's finding that the defendant's statement to a detective during the booking process was spontaneous and not the result of custodial interrogation or its functional equivalent (see People v. Williams, 97 A.D.3d 769, 770, 948 N.Y.S.2d 428 ; People v. Taylor, 82 A.D.3d 1133, 1134, 920 N.Y.S.2d 154 ; People v. Latimer, 75 A.D.3d 562, 562–563, 904 N.Y.S.2d 763 ; People v. Roper, 208 A.D.2d 571, 571, 617 N.Y.S.2d 44 ). Accordingly, the County Court properly denied that branch of the defendant's omnibus motion which was to suppress that statement (see People v. Padilla, 123 A.D.2d 364, 364–365, 506 N.Y.S.2d 448 ).
The defendant did not preserve for appellate review his contention that his plea of guilty was not knowingly, voluntarily, and intelligently made (see People v. McFarren, 83 A.D.3d 1209, 1209, 921 N.Y.S.2d 391 ). In any event, the record demonstrates that the defendant understood the proceedings and was not impaired by the medication he was taking (see People v. Gordon, 107 A.D.3d 739, 740, 966 N.Y.S.2d 214 ).
The defendant's contention that he was deprived of his right to the effective assistance of counsel is based on matter dehors the record and, thus, cannot be reviewed on direct appeal (see People v. Folger, 110 A.D.3d 736, 736, 971 N.Y.S.2d 890 ).The sentence imposed is not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 [1982] ).
MASTRO, J.P., BALKIN, SGROI and MALTESE, JJ., concur.