| People v Vanvleet |
| 2015 NY Slip Op 02295 [126 AD3d 1359] |
| March 20, 2015 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vAlexander Vanvleet, Appellant. |
Steven J. Getman, Ovid, for defendant-appellant.
Alexander Vanvleet, defendant-appellant pro se.
Barry L. Porsch, District Attorney, Waterloo, for respondent.
Appeal from a judgment of the Seneca County Court (Dennis F. Bender, J.),rendered July 1, 2013. The judgment convicted defendant, upon his plea of guilty, ofcriminal mischief in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a plea ofguilty of criminal mischief in the second degree (Penal Law § 145.10).Contrary to defendant's contention in his main and pro se supplemental briefs, CountyCourt did not err in failing, sua sponte, to inquire at sentencing whether defendantwished to withdraw his plea based upon the failure of the People to provide certaindiscovery and a response to a demand for a bill of particulars. To the extent thatdefendant's contention may be construed as a challenge to the voluntariness of his plea,he failed to preserve that contention for our review because he did not move to withdrawhis plea or vacate the judgment of conviction (see People v Laney, 117 AD3d 1481, 1482 [2014]). In anyevent, his contention lacks merit in that respect because " 'nothing in the pleacolloquy casts significant doubt on defendant's guilt or the voluntariness of theplea' " (id.). Defendant's valid waiver of the right to appeal encompasseshis contentions in his pro se supplemental brief that he was denied due process of lawbased upon the failure of the People to comply with his discovery demand and demandfor a bill of particulars (seePeople v Oliveri, 49 AD3d 1208, 1209 [2008]); that the arrest warrant wasinvalid (see People vGarland, 69 AD3d 1122, 1123 [2010], lv denied 14 NY3d 887 [2010]);and that he was denied the right to counsel following his arrest (see generally People v Wilkins,1 AD3d 962, 963 [2003], lv denied 1 NY3d 603 [2004]). Defendant'sremaining contentions in his pro se supplemental brief that he was not given notice of thegrand jury proceeding and that the grand jury proceeding was untimely were forfeited byhis guilty plea (see People v Hansen, 95 NY2d 227, 230-231 [2000]; see generally People vWatkins, 77 AD3d 1403, 1404 [2010], lv denied 15 NY3d 956 [2010]).Present—Scudder, P.J., Centra, Peradotto, Lindley and Whalen, JJ.