People v. Colley

Oct 16, 2014
13232 2368/12
Reporters:
,
Before:
Mazzarelli

Judgment, Supreme Court, New ‍‌​‌​‌​‌​‌‌​​​‌​‌​‌​‌‌​‌‌‌‌​‌‌‌‌​​‌​​​​​​​​‌‌​​‌‌​​‌‌‌‌‌​​‌‌‌‌‌​‌​​‌‌​​​‌​​‌​‌‌‌​‌​‌​‌‌‌​​​‌‌‌​​​‍York County (Gregory Carro, J.), rendered January 16, 2013, convicting defendant, upon his plea of guilty, of criminal sexual act in the first degree, and sentencing him to a term of 10 years, with 20 years’ postrelease supervision, unanimously affirmed.

The court properly denied defendant‘s motion to withdraw his guilty plea. There is ‍‌​‌​‌​‌​‌‌​​​‌​‌​‌​‌‌​‌‌‌‌​‌‌‌‌​​‌​​​​​​​​‌‌​​‌‌​​‌‌‌‌‌​​‌‌‌‌‌​‌​​‌‌​​​‌​​‌​‌‌‌​‌​‌​‌‌‌​​​‌‌‌​​​‍nothing in the record to cast doubt on the voluntariness of the plea. The plea allocution minutes establish that the court advised defendant of the 20-year postrelease supervision component of his sentence, and that defense counsel had thoroughly explained to her client the terms of the plea, including the PRS term, ‍‌​‌​‌​‌​‌‌​​​‌​‌​‌​‌‌​‌‌‌‌​‌‌‌‌​​‌​​​​​​​​‌‌​​‌‌​​‌‌‌‌‌​​‌‌‌‌‌​‌​​‌‌​​​‌​​‌​‌‌‌​‌​‌​‌‌‌​​​‌‌‌​​​‍in conversations both in prison and at court. Accordingly, defendant‘s vague complaint that PRS had not been explained to him with sufficient precision did not warrant a hearing, and the court‘s limited inquiry was permissible (see People v Mitchell, 21 NY3d 964, 967 [2013]; People v Frederick, 45 NY2d 520 [1978]), given that ‍‌​‌​‌​‌​‌‌​​​‌​‌​‌​‌‌​‌‌‌‌​‌‌‌‌​​‌​​​​​​​​‌‌​​‌‌​​‌‌‌‌‌​​‌‌‌‌‌​‌​​‌‌​​​‌​​‌​‌‌‌​‌​‌​‌‌‌​​​‌‌‌​​​‍the consequences of violating PRS are merely collateral (People v Monk, 21 NY3d 27, 32 [2013]). Defendant made a valid waiver of his right to appeal (see People v Caviness, 95 AD3d 622 [1st Dept 2012], lv denied 19 NY3d 995 [2012]), which forecloses review of his remaining arguments. Regardless of whether defendant made ‍‌​‌​‌​‌​‌‌​​​‌​‌​‌​‌‌​‌‌‌‌​‌‌‌‌​​‌​​​​​​​​‌‌​​‌‌​​‌‌‌‌‌​​‌‌‌‌‌​‌​​‌‌​​​‌​​‌​‌‌‌​‌​‌​‌‌‌​​​‌‌‌​​​‍a valid waiver of his right to appeal, we perceive no basis for reducing the term of postrelease supervision. Concur—Mazzarelli, J.P., Acosta, DeGrasse and Manzanet-Daniels, JJ.