Opinion
12-22-2016
The PEOPLE of the State of New York, Respondent, v. Lawrence AHRENS Jr., Also Known as Larry Ahrens, Also Known as Tom Peterson, Appellant.
Mitch Kessler, Cohoes, for appellant. Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Mitch Kessler, Cohoes, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), for respondent.
Before: PETERS, P.J., McCARTHY, EGAN JR., LYNCH and DEVINE, JJ.
DEVINE, J.
Appeal from a judgment of the Supreme Court (Coccoma, J.), rendered October 10, 2013 in Schenectady County, convicting defendant upon his plea of guilty of the crimes of arson in the second degree and criminal possession of a weapon in the first degree.
In satisfaction of a multi-count indictment, defendant pleaded guilty to one count of arson in the second degree and one count of criminal possession of a weapon in the first degree and waived his right to appeal. He was thereafter sentenced, in accordance with the terms of the plea agreement, to concurrent prison terms of 15 years, to be followed by five years of postrelease supervision. Defendant appeals.
We affirm. Defendant waived his right to appeal and did not preserve his challenge to the voluntariness of his plea by moving to withdraw it (see People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ). The narrow exception to the preservation rule is applicable, however, as defendant initially denied during the plea colloquy that there was a reasonable possibility that a third party was present in the subject building at the time the subject fire was started (see Penal Law § 150.15 ), thereby triggering a duty by Supreme Court to conduct further inquiry (see People v. Tyrell, 22 N.Y.3d 359, 363–364, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ; People v. Rich, 140 A.D.3d 1407, 1407, 34 N.Y.S.3d 250 [2016], lv. denied 28 N.Y.3d 936, 40 N.Y.S.3d 364, 63 N.E.3d 84 [2016] ; People v. Peterson, 124 A.D.3d 993, 994, 1 N.Y.S.3d 517 [2015] ). Supreme Court did conduct that further inquiry and ensured that the elements of arson in the second degree were established which, in turn, confirmed that defendant's plea was knowing and voluntary (see People v. English, 100 A.D.3d 1147, 1148, 953 N.Y.S.2d 722 [2012] ). Inasmuch as defendant failed to express any dissatisfaction with the court's remedial action, he has waived any further challenge to his allocution (see People
v. Lopez, 71 N.Y.2d at 668, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Rich, 140 A.D.3d at 1407, 34 N.Y.S.3d 250; People v. English, 100 A.D.3d at 1148, 953 N.Y.S.2d 722 ).
ORDERED that the judgment is affirmed.
PETERS, P.J., McCARTHY, EGAN JR. and LYNCH, JJ., concur.