People v. Ackridge

• Decision Date: 31 October 2018
• Docket Number: 2016–12005,Ind.No. 16–00143
• Citation: 84 N.Y.S.3d 796 (Mem),165 A.D.3d 1277
• Parties: The PEOPLE, etc., Respondent, v. Ronald ACKRIDGE, Also Known as William Starke, Appellant.
• Court: New York Supreme Court — Appellate Division

165 A.D.3d 1277

84 N.Y.S.3d 796 (Mem)

The PEOPLE, etc., Respondent,

v.Ronald ACKRIDGE, Also Known as William Starke, Appellant.

2016–12005

Ind.No. 16–00143

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

Submitted—May 22, 2018

October 31, 2018

Marianne Karas, Thornwood, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (John J. Carmody and Steven A. Bender of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, JEFFREY A. COHEN, COLLEEN D. DUFFY, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Helen Blackwood, J.), rendered October 18, 2016, convicting him of driving while intoxicated, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Moore , 140 A.D.3d 1091, 34 N.Y.S.3d 147 ; People v. Bethea , 133 A.D.3d 1033, 19 N.Y.S.3d 191 ). The County Court adequately explained, and the defendant acknowledged that he understood, the separate and distinct nature of the waiver of the right to appeal, and the defendant signed a written waiver, which he discussed with standby counsel and which adequately supplemented the oral colloquy (see People v. Moore , 140 A.D.3d at 1091, 34 N.Y.S.3d 147 ; People v. Elliot , 137 A.D.3d 715, 716, 27 N.Y.S.3d 386 ; People v. Rivera , 126 A.D.3d 727, 728, 2 N.Y.S.3d 376 ).

The defendant's valid waiver of his right to appeal precludes appellate review of his contentions that he was deprived of the effective assistance of counsel and denied his right to proceed pro se at his arraignment, as neither of these contentions implicates the voluntariness of his plea (see People v. Atkins , 157 A.D.3d 899, 66 N.Y.S.3d 915 ; People v. Amay , 156 A.D.3d 895, 65 N.Y.S.3d 804 ; see also People v. Gordon , 89 A.D.3d 1466, 932 N.Y.S.2d 410 ; People v. Pump , 67 A.D.3d 1041, 889 N.Y.S.2d 105 ).

CHAMBERS, J.P., AUSTIN, COHEN and DUFFY, JJ., concur.