People v Thomas (Wayne)

[*1] People v Thomas (Wayne) 2014 NY Slip Op 51250(U) Decided on August 5, 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 August 5, 2014
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS
PRESENT: : IANNACCI, J.P., TOLBERT and GARGUILO, JJ.
2007-1338 W CR

The People of the State of New York, Respondent,

against

Wayne Thomas, Appellant.

Appeal from a judgment of the City Court of White Plains, Westchester County (Brian Hansbury, J.), rendered July 24, 2007. The judgment convicted defendant, upon his plea of guilty, of assault in the third degree.

ORDERED that the judgment of conviction is affirmed.

In May 2007, defendant was charged with assault in the third degree (Penal Law § 120.00 [1]), and he signed a waiver of jury trial. In June 2007, defendant submitted a pro se motion to withdraw his waiver. On July 24, 2007, defendant pleaded guilty to assault in the third degree and was sentenced to time served, and a permanent order of protection was issued. On appeal, defendant contends that the judgment of conviction should be reversed because the City Court failed to determine his motion.

Defendant does not challenge the sufficiency of his guilty plea, and such a plea "generally results in a forfeiture of the right to appellate review of any nonjurisdictional defects in the proceedings" (People v Fernandez, 67 NY2d 686, 688 [1986]). Since defendant pleaded guilty before the City Court determined his motion to withdraw his waiver of his right to a jury trial, defendant forfeited all claims relating to that motion (see e.g. People v Fernandez, 67 NY2d at 688; People v Harris, 43 Misc 3d 136[A], 2014 NY Slip Op 50670[U] [App Term, 1st Dept 2014]). In any event, it is well settled that the effect of a guilty plea is the waiver of a trial by jury (see People v Dwight S., 29 NY2d 172, 175 [1971] ["(i)nasmuch as a plea of guilty is . . . a waiver of all trials, jury and nonjury alike, it is our view that appellant may not now be heard to complain that he was denied the right to trial by jury"]).

Accordingly, the judgment of conviction is affirmed.

Iannacci, J.P., Tolbert and Garguilo, JJ., concur.

Decision Date: August 05, 2014