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People v. Scott

Supreme Court of New York, Second Department

June 26, 2013

The People of the State of New York, respondent,
v.
Antoine. Scott, appellant. (Ind. No. 10-00574)

Arleen Lewis, Blauvelt, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

MARK C. DILLON, J.P., L. PRISCILLA HALL, SHERI S. ROMAN, JEFFREY A. COHEN, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered February 28, 2012, convicting him of burglary in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, his plea of guilty was not rendered unknowing or involuntary by any failure on the part of the County Court to advise the defendant regarding the significance of his waiver of his right to proceed with the suppression hearings that had been scheduled in this case (see People v Fernandez, 67 N.Y.2d 686, 688; People v Smith, 227 A.D.2d 655; People v Backus, 171 A.D.2d 900). The defendant's further contention that his plea of guilty was coerced because the prosecutor allegedly indicated that he would withdraw the plea offer if the defendant proceeded with the suppression hearings is based on matter dehors the record and therefore cannot be reviewed on direct appeal (see People v Herdt, 45 A.D.3d 698; People v Santana, 279 A.D.2d 641). To the extent that the defendant contends that the County Court erred in failing to conduct suppression hearings, that contention has been forfeited by his plea of guilty (People v Fernandez, 67 N.Y.2d at 688; People v Hecker, 105 A.D.3d 606).

DILLON, J.P., HALL, ROMAN and COHEN, JJ., concur.


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