AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

The PEOPLE of the State of New York, Respondent, v. Heriberto A. CAJIGAS, Appellant.

GARRY

Affirmed.
Albert F. Lawrence, Greenfield Center, for appellant. Mary E. Rain, District Attorney, Canton (Patricia C. Campbell, Syracuse, of counsel), for respondent.
Before: McCARTHY, J.P., GARRY, LYNCH and CLARK, JJ.

GARRY, J.

Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered November 9, 2012, convicting defendant upon his plea of guilty of the crime of driving while intoxicated.

In full satisfaction of an indictment and an uncharged crime, defendant pleaded guilty to driving while intoxicated and waived his right to appeal. Pursuant to the plea agreement, County Court thereafter sentenced defendant to a prison term of 1 1/3 to 4 years, to run consecutively to a term he was currently serving for an unrelated offense, to be followed by a conditional discharge of three years to run consecutively to his imprisonment, with the requirement that he comply with the ignition interlock program. Defendant now appeals.

We affirm. While defendant's challenge to the voluntariness of his plea survives his waiver of the right to appeal, the issue is unpreserved for our review as the record does not reveal that he made an appropriate postallocution motion ( see People v. Fate, 117 A.D.3d 1327, 1328, 986 N.Y.S.2d 672 [2014]; People v. Trombley, 115 A.D.3d 1114, 1114, 982 N.Y.S.2d 791 [2014], lv. denied 23 N.Y.3d 1068, 994 N.Y.S.2d 327, 18 N.E.3d 1148 [2014] ). Moreover, the narrow exception to the preservation requirement was not implicated, as defendant did not make any statements during the plea colloquy that cast doubt on his guilt or otherwise called into question the voluntariness of his plea ( see People v. Griffin, 117 A.D.3d 1339, 986 N.Y.S.2d 683 [2014]; People v. O'Neill, 116 A.D.3d 1240, 1241, 983 N.Y.S.2d 738 [2014] ). Contrary to defendant's contention, County Court did not err in imposing the conditional discharge to run consecutively to his prison sentence ( see Penal Law § 60.21; People v. O'Brien, 111 A.D.3d 1028, 1029, 975 N.Y.S.2d 219 [2013] ).

ORDERED that the judgment is affirmed.

Use AI to get other relevant cases.

Comments

People v. Cajigas
(Dec 18, 2014)