Summary
The Appellate Division, Second Department affirmed a judgment convicting Vernon Jeffers of attempted murder in the second degree upon his guilty plea. The court held that his challenge to the validity of the plea was unpreserved and, in any event, that the plea was knowing and voluntary and the sentence was not excessive.
Holdings
- A defendant generally must preserve a challenge to the validity of a guilty plea by moving to withdraw the plea or otherwise objecting to its entry before sentence is imposed. Because Jeffers did neither, his challenge was unpreserved for appellate review.
- When the defendant has not moved to withdraw the guilty plea before sentencing and the plea allocution does not cast doubt on guilt or voluntariness, the sentencing court has no obligation to conduct a sua sponte inquiry into statements made during presentence interviews.
- In any event, the record as a whole demonstrated that defendant entered his guilty plea knowingly, voluntarily, and understandingly.
- The sentence imposed was not excessive.
Questions Presented
- Whether defendant preserved for appellate review his challenge to the validity of his guilty plea.
- Whether the exception to the preservation requirement required the sentencing court to conduct a sua sponte inquiry into statements defendant made during presentence interviews.
- Whether the record established that defendant entered his guilty plea knowingly, voluntarily, and understandingly.
- Whether the sentence imposed was excessive.
Disposition
affirmed
Cases Cited (5)
- People v. Williams, 27 NY3d 212, 214(followed)
- People v. Loftus, 183 AD3d 631, 632(followed)
- People v. Ospina, 175 AD3d 513, 514(followed)
- People v. Conceicao, 26 NY3d 375, 382-384(followed)
- People v. Suitte, 90 AD2d 80(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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