People v. Brunell

Summary

The Appellate Division, Third Department affirmed the revocation of Michael A. Brunell's probation and the resulting sentence of 1⅓ to 4 years in prison. The court held that challenges to the voluntariness of his admissions and ineffective assistance claims were largely unpreserved, and alternatively found the record did not support those claims.

Holdings

1. A defendant's challenge to the voluntariness of admissions to probation violations is unpreserved when the record does not show that the defendant made an appropriate postallocution motion and the narrow exception to the preservation requirement was not triggered.
2. The defendant's admissions to the probation violations were knowing, voluntary, and intelligent because the County Court appropriately advised him of the nature and consequences of admitting the violations and he stated that he understood.
3. To the extent the ineffective-assistance claim affected the voluntariness of defendant's admissions, it was unpreserved absent an appropriate postallocution motion; alternatively, the record did not establish ineffective assistance.
4. Ineffective-assistance allegations concerning matters outside the appellate record, including off-the-record plea or disposition negotiations, are more properly raised in a motion to vacate under CPL article 440 together with record-based claims.

Questions Presented

1. Whether defendant preserved his challenge to the voluntariness of his admissions to the probation violations.
2. Whether the record established that defendant's admissions to the probation violations were knowing, voluntary, and intelligent.
3. Whether defendant's ineffective-assistance claim was preserved and, on the record, required reversal.
4. Whether ineffective-assistance allegations concerning matters outside the record should be raised in a CPL article 440 motion.

Disposition

affirmed