PEOPLE v. HANKERSON

107159.

2017 NY Slip Op 01027

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TYREE I. HANKERSON, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.


Attorney(s) appearing for the Case

Torrance L. Schmitz , Vestal, for appellant.

Stephen K. Cornwell, Jr. , District Attorney, Binghamton ( Stephen Ferri of counsel), for respondent.

Before: Garry, J.P., Rose, Devine, Clark and Mulvey, JJ.


Appeal from a judgment of the County Court of Broome County (Cawley, J.), rendered December 19, 2013, convicting defendant upon his plea of guilty of the crime of rape in the third degree.

MEMORANDUM AND ORDER

GARRY, J.P.

Defendant waived indictment and pleaded guilty to rape in the third degree as charged in a superior court information. County Court thereafter sentenced him to 10 years of probation. Defendant appeals.

Defendant's challenge to the voluntariness and factual sufficiency of his plea is unpreserved for our review in the absence of an appropriate postallocution motion (see People v Williams, 27 N.Y.3d 212, 219-220 [2016]; People v Lopez, 71 N.Y.2d 662, 665-666 [1988]; People v Larock, 139 A.D.3d 1241, 1242 [2016], lv denied 28 N.Y.3d 932 [2016]). Moreover, defendant did not make any statements during the plea allocution that were inconsistent with his guilt or otherwise called into question the voluntariness of his plea so as to trigger the narrow exception to the preservation rule (see People v Forest, 141 A.D.3d 967, 968-969 [2016]; People v Mann, 140 A.D.3d 1532, 1533 [2016]). To the extent that defendant claims that he was denied the effective assistance of counsel, the claim implicates the voluntariness of the plea and is likewise unpreserved for our review for the reasons noted above (see People v Lloyd, 142 A.D.3d 1250, 1251 [2016], lv denied 28 N.Y.3d 1073 [2016]; People v Dobbs, 138 A.D.3d 1352, 1353 [2016], lv denied 28 N.Y.3d 929 [2016]).

Rose, Devine, Clark and Mulvey, JJ., concur.

ORDERED that the judgment is affirmed.


Comment

1000 Characters Remaining

Leagle.com reserves the right to edit or remove comments but is under no obligation to do so, or to explain individual moderation decisions.

User Comments

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases