People v. Mable
Docket Ind No. 2085/19|Appeal No. 6438|Case No. 2020-01055|
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- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02470
- Docket numbers
- Ind No2085/19Appeal No6438Case No2020-01055
Appeal from judgment convicting defendant, upon guilty plea, of criminal possession of a weapon in the third degree and sentencing him as a second felony offender
Summary
The Appellate Division, First Department affirmed a 2019 Bronx County conviction and sentence of Michael Mable, who pleaded guilty to third-degree criminal possession of a weapon and was sentenced as a second felony offender to 2½ to 5 years. The court declined to review Mable’s claim that his plea was involuntary because he failed to preserve the issue at the plea colloquy and the narrow exception allowing late review did not apply. The court also alternatively held that the record contains no evidence casting doubt on the voluntariness of the plea.
Issues Decided
- Whether the defendant's guilty plea was involuntary and therefore subject to appellate review despite lack of preservation
- Whether statements in a presentence interview can trigger the narrow exception allowing appellate review of an unpreserved voluntariness claim
Court's Reasoning
The court refused to review the voluntariness claim because the defendant did not preserve it at the plea colloquy and did not make statements at the colloquy that cast significant doubt on guilt, so the narrow Lopez exception did not apply. The court explained that statements made during a presentence interview do not qualify for that exception. As an alternative holding, the court found the record showed no evidence undermining the voluntariness of the plea.
Authorities Cited
- People v Lopez71 NY2d 662 (1988)
- People v Rios2026 NY Slip Op 00963
- People v Grant203 A.D.3d 477 (1st Dept 2022), lv denied 38 NY3d 1033 (2022)
Parties
- Respondent
- The People of the State of New York
- Appellant
- Michael Mable
- Attorney
- Twyla Carter, The Legal Aid Society (Megan Taeschler, of counsel)
- Attorney
- Darcel D. Clark, District Attorney, Bronx (Mary McGarvey-DePuy, of counsel)
- Judge
- Michael J. Hartofilis
- Judge
- Bahaati E. Pitt
Key Dates
- Date of judgment
- 2019-12-03
- Decision date
- 2026-04-23
What You Should Do Next
- 1
Consult appellate counsel about leave to appeal
If the defendant wishes to pursue further review, consult counsel promptly about seeking leave to appeal to the New York Court of Appeals and any applicable deadlines.
- 2
Consider post-conviction remedies
Discuss with counsel whether any post-conviction motions or collateral challenges (for example, ineffective assistance of counsel) are available given the record and preservation issues.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the conviction and sentence, declining to disturb the guilty plea or the prison term.
- Why didn't the court reconsider whether the plea was voluntary?
- Because the defendant did not raise the voluntariness issue at the plea colloquy and the limited exception that allows late review does not apply to statements made only in a presentence interview.
- Who is affected by this decision?
- The decision affects the defendant, Michael Mable, whose conviction and sentence remain in place; it also confirms the First Department's approach to preservation and use of presentence statements.
- Can this decision be appealed further?
- A further appeal to the Court of Appeals would generally require permission; the decision does not state whether leave to appeal was sought or will be sought.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Mable - 2026 NY Slip Op 02470 People v Mable 2026 NY Slip Op 02470 April 23, 2026 Appellate Division, First Department The People of the State of New York, Respondent, v Michael Mable, Defendant-Appellant. Decided and Entered: April 23, 2026 Ind No. 2085/19|Appeal No. 6438|Case No. 2020-01055| Before: Scarpulla, J.P., Friedman, Gesmer, Shulman, Chan, JJ. Twyla Carter, The Legal Aid Society, New York (Megan Taeschler of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Mary McGarvey-DePuy of counsel), for respondent. Judgment, Supreme Court, Bronx County (Michael J. Hartofilis, J., at plea; Bahaati E. Pitt, J., at sentencing), rendered December 3, 2019, convicting defendant, upon his plea of guilty, of criminal possession of a weapon in the third degree, and sentencing him, as a second felony offender, to a prison term of 2½ to 5 years, unanimously affirmed. Defendant's challenge to the voluntariness of his plea is unpreserved, and we decline to review it in the interest of justice. The narrow exception to the preservation rule for "where the defendant's recitation of the facts underlying the crime pleaded to clearly casts significant doubt upon the defendant's guilt or otherwise calls into question the voluntariness of the plea" ( People v Lopez , 71 NY2d 662, 666 [1988]) does not apply because defendant said nothing during the plea colloquy that raised the possibility of a defense ( see People v Rios , — NY3d —, 2026 NY Slip Op 00963, * 3 [2026]). Defendant contends that he made statements that raised a defense of temporary lawful possession during his presentence interview, but the Lopez exception does not apply to statements in presentence reports ( see People v Grant , 203 AD3d 477, 477-478 [1st Dept 2022], lv denied 38 NY3d 1033 [2022]; People v Rojas , 159 AD3d 468, 468 [1st Dept 2018], lv denied 31 NY3d 1086 [2018]). As an alternative holding, we find that nothing in the record casts doubt on the voluntariness of the plea. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: April 23, 2026