[*1]
People v Sykes (Gerard)
2020 NY Slip Op 50264(U) [66 Misc 3d 148(A)]
Decided on February 20, 2020
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 20, 2020
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS

PRESENT: : THOMAS A. ADAMS, P.J., TERRY JANE RUDERMAN, ELIZABETH H. EMERSON, JJ
2017-262 D CR

The People of the State of New York, Respondent,

against

Gerard X. Sykes, Appellant.


Dutchess County Public Defender (Larwence D. King of counsel), for appellant. Dutchess County District Attorney (Kirsten A. Rappleyea of counsel), for respondent.

Appeal from a judgment of the Justice Court of the Town of East Fishkill, Dutchess County (Frederick D. Romig, J.), rendered October 18, 2016. The judgment convicted defendant, upon his plea of guilty, of harassment in the second degree, and imposed sentence.

ORDERED that the judgment of conviction is affirmed.

Defendant moved to, among other things, preclude the People from using at trial certain statements allegedly made by him, on the ground that the People had failed to provide him with a timely CPL 710.30 notice. The People opposed the motion, and the Justice Court denied this branch of the motion. Thereafter, defendant pleaded guilty to an added charge of harassment in the second degree (Penal Law § 240.26 [3]) in satisfaction of the accusatory instrument and, as a condition of pleading guilty, defendant waived his right to appeal. In the same proceeding, the Justice Court imposed sentence.

On appeal, defendant contends that his plea was insufficient and should be vacated, since the court had failed to advise him of all of the constitutional rights that he was forfeiting by pleading guilty. He further argues that his oral appeal waiver was deficient and, therefore, he is [*2]not precluded on appeal from raising his claim pertaining to the sufficiency of his guilty plea. Additionally, he contends that the Justice Court should have granted the branch of his motion seeking to preclude the People from using at trial certain statements allegedly made by him, on the ground that the People had failed to provide a timely CPL 710.30 notice.

For the reasons stated in People v Sykes (___ Misc 3d ____, 2020 NY Slip Op ____ [appeal No. 2017-261 D CR], decided herewith), the judgment of conviction is affirmed.

ADAMS, P.J., RUDERMAN and EMERSON, JJ., concur.


ENTER:


Paul Kenny


Chief Clerk


Decision Date: February 20, 2020