People v. Ruiz
Docket Ind No. 3418/16|Appeal No. 6534|Case No. 2017-03090|
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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 02790
- Docket numbers
- Ind No3418/16Appeal No6534Case No2017-03090
Appeal from a 2017 judgment convicting defendant, upon a guilty plea, of attempted second-degree rape and imposing sentence.
Summary
The First Department affirmed defendant Avis Ruiz's 2017 conviction following a guilty plea to attempted second-degree rape and a sentence of six months' jail plus ten years' probation. The court found Ruiz's challenge to the plea unpreserved and declined to review it in the interest of justice because nothing in the plea colloquy negated an element of the offense or suggested a defense. The court modified the judgment to specify that the jail term and the probationary period run concurrently, as conceded by the People and required by controlling authority and statute.
Issues Decided
- Whether the defendant's challenge to his guilty plea was preserved for appellate review
- Whether the court should review the plea challenge in the interest of justice
- Whether the sentence should specify that the jail term and probationary period run concurrently
Court's Reasoning
The court held the plea challenge was unpreserved under People v Lopez because the defendant did not raise relevant objections at the plea colloquy. The interest-of-justice exception to preservation did not apply because nothing the defendant said during the colloquy negated any element of the offense or suggested a possible defense. Because the People conceded an error in the sentence form, the court modified the judgment to state the jail term and probation run concurrently, consistent with precedent and Penal Law § 60.0(2)(d).
Authorities Cited
- People v Lopez71 NY2d 662 (1988)
- People v Sosa172 AD3d 432 (1st Dept 2019)
- Penal Law § 60.0(2)(d)
- People v Jaffar198 AD3d 467 (1st Dept 2021), lv denied 37 NY3d 1097 (2021)
Parties
- Appellant
- Avis Ruiz
- Respondent
- The People of the State of New York
- Attorney
- Twyla Carter, The Legal Aid Society (Harold V. Ferguson, Jr. of counsel)
- Attorney
- Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel)
- Judge
- Steven L. Barrett
Key Dates
- Decision date
- 2026-05-05
- Original judgment date
- 2017-05-10
What You Should Do Next
- 1
Confirm sentence paperwork
Defense counsel or the defendant should ensure the judgment roll and commitment papers reflect the modification that the jail term and probation run concurrently.
- 2
Consider seeking further review
If the defendant wishes to challenge the plea decision on preserved issues or exceptional grounds, consult counsel about applying for leave to appeal to the Court of Appeals.
- 3
Comply with probation terms
The defendant should continue to comply with probation conditions and any reporting or program requirements imposed by the sentence.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the conviction entered after the guilty plea but modified the sentence to make the jail term and probation run at the same time.
- Does this mean the conviction is overturned?
- No. The conviction stands; only the sentence was adjusted to clarify concurrency between jail and probation.
- Who is affected by the modification?
- Defendant Avis Ruiz is affected because the judgment now formally states the jail term and the probationary period are concurrent.
- Can this decision be appealed further?
- The decision is by the Appellate Division; further review would require an application for leave to the Court of Appeals, subject to that court's discretion.
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 Ruiz - 2026 NY Slip Op 02790 People v Ruiz 2026 NY Slip Op 02790 May 5, 2026 Appellate Division, First Department The People of the State of New York, Respondent, v Avis Ruiz, Defendant-Appellant. Decided and Entered: May 05, 2026 Ind No. 3418/16|Appeal No. 6534|Case No. 2017-03090| Before: Manzanet-Daniels, J.P., Kapnick, Rodriguez, Pitt-Burke, O'neill Levy, JJ. Twyla Carter, The Legal Aid Society, New York (Harold V. Ferguson, Jr. of counsel), for appellant. Darcel D. Clark, District Attorney, Bronx (Emily Anne Aldridge of counsel), for respondent. Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered May 10, 2017, convicting defendant, upon his plea of guilty, of attempted rape in the second degree, and sentencing him to a jail term of 6 months, with 10 years of probation, unanimously modified, on the law, to the extent of directing that the term of imprisonment and the period of probation run concurrently, and otherwise affirmed. Defendant's challenge to his plea is unpreserved ( see People v Lopez , 71 NY2d 662, 665-666 [1988]), and we decline to review it in the interest of justice. The exception to the preservation rule ( see Lopez , 71 NY2d at 666) does not apply here because defendant did not say anything during the plea colloquy that negated an element of the crime or raised the possibility of a defense ( see People v Sosa , 172 AD3d 432, 433 [1st Dept 2019]). As the People concede, the sentence should be modified to specify that the term of imprisonment and the probationary period are concurrent ( see People v Jaffar , 198 AD3d 467, 467 [1st Dept 2021], lv denied 37 NY3d 1097 [2021]; see Penal Law § 60.0[2][d]). THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT. ENTERED: May 5, 2026