People v. Harries

208 N.Y.S.3d 351

The PEOPLE of the State of New York, Respondent,

v.Matthew HARRIES, Also Known as Matteo, Appellant.

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: February 13, 2024

Decided and Entered: April 4, 2024

Cliff Gordon, Monticello, for appellant.

Emmanuel C. Nneji, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Before: Garry, P.J., Aarons, Reynolds Fitzgerald, Fisher and Powers, JJ.

MEMORANDUM AND ORDER

Fisher, J.

Appeals (1) from a judgment of the County Court of Ulster County (Bryan E. Rounds, J.), rendered March 9, 2022, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree, and (2) by permission, from an order of said court (James R. Farrell, J.), entered January 20, 2023, which denied defendant’s motion to vacate the judgment of conviction pursuant to CPL 440.10, without a hearing.

In October 2020, defendant and his codefendant, Jahsi Quiles, were walking down a street in the City of Kingston, Ulster County, when they encountered an individual (hereinafter the victim) with whom Quiles apparently had prior dealings. Quiles shot the victim and, when the gun jammed, Quiles tossed the gun to defendant before taking out another gun and again shooting the victim. Quiles and defendant fled the scene on foot, and defendant disposed of the jammed weapon at Quiles’ property. As a result of this incident, defendant and Quiles were charged in a superseding indictment, as acting in concert, with attempted murder in the second degree, assault in the first degree, two counts of criminal possession of a weapon in the second degree and tampering with physical evidence.¹ When defendant was arraigned upon the superseding indictment in May 2021, defense counsel advised County Court (Rounds, J.) that he had learned from a wanted poster disseminated by the local police department that a felony arrest warrant charging the victim with criminal possession of a weapon in the second degree had been issued and was aware of a prior incident in which the victim had threatened Quiles with a gun.

Thereafter, defendant agreed to plead guilty to one count of criminal possession of a weapon in the second degree - in full satisfaction of the superseding indictment - with the understanding that he would be sentenced to a prison term of four years followed by 2½ years of postrelease supervision. The plea agreement also required defendant to waive his right to appeal. Defendant pleaded guilty in conformity with the plea agreement, and County Court sentenced defendant to a prison term of 3½ years followed by 2½ years of postrelease supervision.² Following sentencing, the matter was reassigned to a different assistant district attorney who, upon her review, determined that certain discovery had not been provided to and/or accessed by defendant’s counsel prior to such plea. Defendant then moved to vacate his judgment of conviction pursuant to CPL 440.10 on the ground that his guilty plea was procured by misrepresentation on the part of the prosecutor and a Brady violation related to certain exculpatory and impeachment evidence involving the victim and Quiles’ prior dealings. County Court (Farrell, J.) denied defendant’s motion without a hearing. Defendant appeals from the judgment of conviction and, by permission, from the order denying his request for postconviction relief.

[1] Initially, we agree with County Court that defendant’s claim of a Brady violation necessarily relies upon information outside of the plea and sentencing proceedings and, therefore, is properly reviewable in the context of defendant’s postconviction motion (see People v. Miles, 205 A.D.3d 1222, 1224, 168 N.Y.S.3d 187 [3d Dept. 2022], lv denied 38 N.Y.3d 1189, 176 N.Y.S.3d 210, 197 N.E.3d 490 [2022]). Accordingly, the validity of defendant’s waiver of the right to appeal - raised in the context of his direct appeal from the judgment of conviction - need not detain us.

[2–4] As it relates to defendant’s motion pursuant to CPL 440.10, "to demonstrate the existence of questions of fact requiring a hearing, a defendant is obliged to show that the nonrecord facts sought to be established are material and would entitle him or her to relief’ (People v. Beverly, 196 A.D.3d 864, 865, 151 N.Y.S.3d 247 [3d Dept. 2021] [internal quotation marks, brackets and citations omitted], lv denied 37 N.Y.3d 1058, 154 N.Y.S.3d 628, 176 N.E.3d 664 [2021]). As relevant here, "[a] defendant seeking to establish a Brady violation must demonstrate that (1) the evidence is favorable to the defendant because it is either exculpatory or impeaching in nature; (2) the evidence was suppressed by the prosecution; and (3) prejudice arose because the suppressed evidence was material" (People v. Stokes, 211 A.D.3d 1243, 1245, 179 N.Y.S.3d 825 [3d Dept. 2022], lv denied 39 N.Y.3d 1143, 188 N.Y.S.3d 444, 209 N.E.3d 1273 [2023] [internal quotation marks and citations omitted]). Where, as here, a defendant alleges that the People failed to comply with the statutory requirements, "the court must consider the impact of any violation on the defendant’s decision to accept or reject a plea offer" (CPL 245.25[2]; accord People v. Hewitt, 201 A.D.3d 1041, 1043, 159 N.Y.S.3d 578 [3d Dept. 2022], lv denied 38 N.Y.3d 928, 164 N.Y.S.3d 28, 184 N.E.3d 849 [2022]; People v. Pizarro, 185 A.D.3d 1092, 1094, 126 N.Y.S.3d 800 [3d Dept. 2020]).

[5] Here, defendant contends that the People misrepresented certain details about the victim and his access to firearms at the time of the incident, his prior dealings with Quiles and the lack of any involvement with defendant prior to the incident - despite charging defendant as having acted in concert with Quiles. According to defendant, such details were partially derived from Brady materials that the People failed to provide to defense counsel prior to the...