Opinion
639 KA 22-00963
09-29-2023
The PEOPLE of the State of New York, Respondent, v. Steven J. FELDER, Defendant-Appellant.
THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT. BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT.
BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., BANNISTER, OGDEN, GREENWOOD, AND NOWAK, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his guilty plea of attempted sexual abuse in the first degree ( Penal Law §§ 110.00, 130.65 [1] ), defendant contends that he did not receive effective assistance of counsel with respect to his guilty plea. We reject that contention. Although defense counsel admitted in an affirmation in support of defendant's motion to withdraw his guilty plea that, at the time of the plea, defense counsel was ignorant of a particular prior decision relating to the People's burden at trial on the element of forcible compulsion, the record reveals that defense counsel was aware of the basic principles of criminal law and procedure applicable to the crime and thus could effectively counsel defendant as to whether it was in defendant's best interest to accept the plea (cf. People v. Butler , 94 A.D.2d 726, 726, 462 N.Y.S.2d 263 [2d Dept. 1983] ).
We further reject defendant's contention that County Court erred in denying his motion to withdraw his guilty plea. Awareness of the particular prior decision would have provided defendant "with little or no reason to reject a favorable plea offer and go to trial" ( People v. Kinney , 107 A.D.3d 563, 564, 967 N.Y.S.2d 365 [1st Dept. 2013], lv denied 21 N.Y.3d 1043, 972 N.Y.S.2d 540, 995 N.E.2d 856 [2013] ; see generally People v. Nellons , 187 A.D.3d 1574, 1575-1576, 131 N.Y.S.3d 759 [4th Dept. 2020], lv denied 36 N.Y.3d 1058, 141 N.Y.S.3d 774, 165 N.E.3d 700 [2021] ).