People v Robinson (Justin)

[*1] People v Robinson (Justin) 2014 NY Slip Op 50530(U) Decided on March 21, 2014 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on March 21, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : NICOLAI, P.J., IANNACCI and TOLBERT, JJ
2012-2147 W CR.

The People of the State of New York, Respondent,

against

Justin Robinson, Appellant.

Appeal from two judgments of the City Court of Yonkers, Westchester County (Arthur J. Doran, III, J., and Michael A. Martinelli, J., at pleas; Robert C. Cerrato, J., at sentencing), rendered September 11, 2012. Each judgment convicted defendant, upon his plea of guilty, of criminal contempt in the second degree.

ORDERED that the judgments of convictions are affirmed.

In June 2011, defendant pleaded guilty in the City Court (Arthur J. Doran, III, J.) to criminal contempt in the second degree (Penal Law § 215.50 [3]), with a promised sentence of probation, but with the understanding that if he failed to appear for sentencing on October 21, 2011, or was re-arrested, he would be sentenced to a term of incarceration. In July 2011, defendant was arrested and again charged with criminal contempt in the second degree. On October 21, 2011, defendant pleaded guilty in the City Court (Michael A. Martinelli, J.) to the new charge, after stating that he understood that he would be sentenced to concurrent six-month terms of imprisonment on the two criminal contempt in the second degree charges, but that the sentences would be enhanced to consecutive one-year terms of imprisonment if he failed to appear for sentencing on January 31, 2012. Defendant subsequently failed to appear for sentencing, and a bench warrant was issued. At sentencing on September 11, 2012, after the City Court (Robert C. Cerrato, J.) informed defendant that he would be sentenced to consecutive one-year terms of imprisonment on the criminal contempt in the second degree charges, defendant made an oral application to withdraw his pleas on the ground that "I was never told that I was going to get two years for not coming to court." Defendant's application was denied, and he received the enhanced sentences. This appeal by defendant ensued.

Defendant's challenge to the City Court's denial of his oral application to withdraw his guilty pleas, which survives the waivers of his right to appeal (see People v Keating, 96 AD3d 1107 [2012]), lacks merit. A review of defendant's plea colloquy clearly indicates that defendant was informed that he would be sentenced to consecutive one-year terms of imprisonment if he failed to appear for sentencing. Consequently, since the enhanced terms of imprisonment were part of defendant's bargained-for sentences, the court properly denied defendant's oral application to withdraw his guilty pleas (see People v Delano, 208 AD2d 644 [1994]; People v Shaw, 180 AD2d 656 [1992]). Furthermore, contrary to defendant's contention, we find that he received the effective assistance of counsel. Defendant's remaining contentions lack merit.

Accordingly, the judgments of conviction are affirmed.

Nicolai, P.J., Iannacci and Tolbert, JJ., concur.
Decision Date: March 21, 2014