People v. Aldous
| Citation | 85 N.Y.S.3d 639,166 A.D.3d 1077 |
| Decision Date | 01 November 2018 |
| Docket Number | 109202 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Asten ALDOUS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
166 A.D.3d 1077
85 N.Y.S.3d 639
The PEOPLE of the State of New York, Respondent,
v.
Asten ALDOUS, Appellant.
109202
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: September 6, 2018
Decided and Entered: November 1, 2018
Aaron A. Louridas, Delmar, for appellant.
P. David Soares, District Attorney, Albany (Noel Mendez of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Egan Jr., J.
Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered September 5, 2014, convicting defendant upon his plea of guilty of the crimes of rape in the second degree and criminal possession of a weapon in the third degree.
Defendant agreed to waive indictment and be prosecuted pursuant to a superior court information charging him with rape in the second degree and criminal possession of a weapon in the third degree in exchange for a prison term of seven years plus 10 years of postrelease supervision on the rape charge and 2? to 7 years on the weapon charge – said sentences to run consecutively. The underlying charges stemmed from an incident that occurred in May 2014 when defendant, then 23 years old, engaged in sexual intercourse with the 13–year–old victim; defendant's then girlfriend summoned the police and, during defendant's ensuing arrest, he was found to be in possession of a knife. Pursuant to the agreement, which required defendant to waive his right to appeal, defendant pleaded guilty to the charged crimes, and County Court thereafter imposed the agreed-upon sentences. Defendant now appeals.
We affirm. Contrary to defendant's assertion, County Court explained that the waiver of appeal was separate and distinct from the trial-related rights that defendant was forfeiting, and defendant, in turn, indicated that he understood and agreed to such waiver. Additionally, following a discussion with counsel, defendant executed a written waiver in open court and again confirmed his understanding of the document, as well as his agreement to be bound by its terms. Under these circumstances, we are satisfied that defendant knowingly, intelligently and voluntarily waived his right to appeal (see People v. Rogers, 162 A.D.3d 1410, 1410, 75 N.Y.S.3d 923 [2018] ; People v. Tucker, 161 A.D.3d 1481, 1482, 78 N.Y.S.3d 450 [2018], lv denied 31 N.Y.3d 1153, 83 N.Y.S.3d 435, 108 N.E.3d 509...
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