People v Koechel

2015 NY Slip Op 07303 [132 AD3d 1020]

October 8, 2015

Appellate Division, Third Department

As corrected through Wednesday, December 9, 2015

[*1]

The People of the State of New York,Respondent, v Daniel J. Koechel, Appellant.

Martin J. McGuinness, Saratoga Springs, for appellant.

Kristy L. Sprague, District Attorney, Elizabethtown (Michele A. Bowen of counsel),for respondent.

Clark, J. Appeal from a judgment of the County Court of Essex County (Meyer, J.),rendered October 10, 2013, convicting defendant upon his plea of guilty of the crime ofattempted assault in the second degree.

Defendant attacked a female hunter with a knife as she emerged from a portablehunting blind in the woods and also destroyed the blind. He was subsequently charged ina four-count indictment with various crimes related to this incident. In satisfaction of theindictment, defendant pleaded guilty to attempted assault in the second degree andwaived his right to appeal. He was sentenced, in accordance with the plea agreement, totime served and five years of probation. He now appeals.

Defendant's sole argument is that his guilty plea was factually insufficient. He is,however, precluded from raising this claim by his valid waiver of the right to appeal (see People v Sibounhome, 125AD3d 1059, 1060 [2015]; People v Strong, 124 AD3d 992, 992 [2015]). In addition,this claim is unpreserved due to defendant's failure to make an appropriate postallocutionmotion, and the narrow exception to the preservation requirement is inapplicable giventhat defendant did not make any statements that negated an essential element of the crime(see People v Bryant, 128AD3d 1223, 1224-1225 [2015], lv denied 26 NY3d 926 [2015]; People vSibounhome, 125 AD3d at 1060). In any event, were we to consider defendant'sclaim, we would find it to be without merit. Indeed, "it was not necessary that[defendant] recite every element of the crime or engage in a factual recitation, inasmuchas his affirmative [*2]responses to County Court'squestions established the elements of the crime charged" (People v Campbell, 66 AD3d1059, 1060 [2009]; seePeople v Coles, 13 AD3d 665, 666 [2004]).^[FN*] Accordingly, we find no reason todisturb the judgment of conviction.

McCarthy, J.P., Egan Jr. and Lynch, JJ., concur. Ordered that the judgment isaffirmed.

Footnote *:To the extent thatdefendant argues, alternatively, that the requirements for an Alford plea were notsatisfied, there is no indication in the record that defendant entered an Alfordplea.