People v. Alexander

Oct 9, 2015
Versions:132 A.D.3d 1412
17 N.Y.S.3d 667
2015 NY Slip Op 07410

Appeal from a judgment of the Chautauqua County Court (John T. Ward, J.), rendered October 7, 2013. The judgment convicted defendant, upon his plea of guilty, of course of sexual conduct against a child in the first degree (two counts) and course of sexual conduct against a child in the second degree.

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

Memorandum: On appeal from a judgment convicting him upon his guilty plea of, inter alia, two counts of course of sexual conduct against a child in the first degree (Penal Law § 130.75 [1] [a]), defendant contends that his guilty plea was not knowingly and voluntarily entered. Defendant failed to preserve his contention for our review because he failed to move to withdraw the plea or to vacate the judgment of conviction (see People v. Laney, 117 AD3d 1481, 1482 [2014]). This case does not fall within the rare exception to the preservation requirement set forth in People v. Lopez (71 NY2d 662, 666 [1988]), “inasmuch as nothing in the plea colloquy casts significant doubt on defendant‘s guilt or the voluntariness of the plea” (Laney, 117 AD3d at 1482).

Defendant failed to preserve for our review his contention that County Court should have assigned defendant substitute counsel before proceeding to sentencing, inasmuch as the record indicates that defendant never requested new counsel (see People v. Johnson, 94 AD3d 1496, 1496-1497 [2012], affd 20 NY3d 990 [2012]; see generally CPL 470.05 [2]). We decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see CPL 470.15 [3] [c]). Finally, the sentence is not unduly harsh or severe. Present—Smith, J.P., Centra, Valentino, Whalen and DeJoseph, JJ.

Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), rendered June 19, 2013. The judgment convicted defendant, upon a jury verdict, of murder in the second degree and criminal possession of a weapon in the second degree.

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

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, murder in the second degree (Penal Law § 125.25 [1]). Defendant was a passenger in the backseat of a Saturn that was stopped by a police officer who heard gunshots and observed the Saturn leaving the location from which the shots were fired. The officer saw defendant exit the Saturn immediately before the shooting. Although a man was hit by one of the gunshots and died shortly thereafter, the officer was unaware that anyone had been injured when he stopped the Saturn. The officer and several backup officers