People v. Alexander

Decision Date20 May 2021
Docket Number110406, 110424
Citation194 A.D.3d 1261,147 N.Y.S.3d 261
Parties The PEOPLE of the State of New York, Respondent, v. Ramel S. ALEXANDER, Appellant.
CourtNew York Supreme Court — Appellate Division

194 A.D.3d 1261
147 N.Y.S.3d 261

The PEOPLE of the State of New York, Respondent,
v.
Ramel S. ALEXANDER, Appellant.

110406, 110424

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

Calendar Date: April 20, 2021
Decided and Entered: May 20, 2021


147 N.Y.S.3d 262

Sandra M. Colatosti, Albany, for appellant.

P. David Soares, District Attorney, Albany (Vincent Stark of counsel), for respondent.

Before: Garry, P.J., Egan Jr., Aarons, Pritzker and Reynolds Fitzgerald, JJ.

MEMORANDUM AND ORDER

Egan Jr., J.

Appeal from a judgment of the County Court of Albany County (Carter, J.), rendered March 20, 2018, convicting defendant upon his pleas of guilty of the crimes of driving while intoxicated and attempted

147 N.Y.S.3d 263

criminal possession of a controlled substance in the third degree.

Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with one count of attempted criminal possession of a controlled substance in the third degree with the understanding that he would be sentenced to a prison term of 1½ years followed by two years of postrelease supervision. The plea agreement also required defendant to waive his right to appeal, and defendant was expressly advised that, if he was arrested for another offense prior to sentencing, County Court would not be bound by the plea agreement. Against that backdrop, defendant pleaded guilty to the charged crime, and the matter was adjourned for sentencing.

Prior to sentencing, defendant was arrested and charged with driving while intoxicated as a felony. As a result, the People sought an enhancement of defendant's sentence upon his drug conviction and offered to permit defendant to plead guilty to driving while intoxicated in exchange for a prison term of 1 to 3 years (with a three-year conditional discharge) – such sentence to run concurrently with the three-year enhanced prison term sought with respect to defendant's drug conviction. That plea agreement also required defendant to waive his right to appeal.

After being advised of and declining his right to a hearing on the proposed sentencing enhancement (see People v. Outley, 80 N.Y.2d 702, 594 N.Y.S.2d 683, 610 N.E.2d 356 [1993] ), defendant waived indictment, agreed to be prosecuted pursuant to a superior court information charging him with one count of driving while intoxicated and pleaded guilty to the charged crime. County Court thereafter sentenced defendant to a prison term of three years upon his conviction of attempted criminal possession of a controlled substance...

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18 cases
  • People v. Rodriguez
    • United States
    • New York Supreme Court — Appellate Division
    • 23 Junio 2022
    ...( People v. Davis, 199 A.D.3d at 1124, 156 N.Y.S.3d 568 [internal quotation marks and citations omitted]; see People v. Alexander, 194 A.D.3d 1261, 1262, 147 N.Y.S.3d 261 [2021], lv denied 37 N.Y.3d 1094, 156 N.Y.S.3d 771, 178 N.E.3d 418 [2021] ). Defendant's challenge to the voluntariness ......
  • People v. Elawar
    • United States
    • New York Supreme Court — Appellate Division
    • 21 Abril 2022
    ...colloquy with defendant neither explained the nature and/or ramifications of the waiver of the right to appeal (see People v. Alexander, 194 A.D.3d 1261, 1262, 147 N.Y.S.3d 261 [2021], lv denied 37 N.Y.3d 1094, 156 N.Y.S.3d 771, 178 N.E.3d 418 [2021] ; People v. Bowman, 194 A.D.3d 1123, 112......
  • People v. Rodriguez
    • United States
    • New York Supreme Court — Appellate Division
    • 23 Junio 2022
    ... ... Court did not verify that defendant had read and understood ... the written appeal waiver or discussed it with counsel" ... (People v Davis, 199 A.D.3d at 1124 [internal ... quotation marks and citations omitted]; see People v ... Alexander, 194 A.D.3d 1261, 1262 [2021], lv ... denied 37 N.Y.3d 1094 [2021]) ...          Defendant's ... challenge to the voluntariness of his plea is preserved by ... virtue of his unsuccessful motion to withdraw (see People ... v Oliver, 185 A.D.3d 1099, 1100 [2020]; People v ... Wiggins, ... ...
  • People v. Cowan
    • United States
    • New York Supreme Court — Appellate Division
    • 14 Julio 2022
    ...1123, 1124–1125, 156 N.Y.S.3d 568 [2021], lv denied 37 N.Y.3d 1160, 160 N.Y.S.3d 692, 181 N.E.3d 1120 [2022] ; People v. Alexander, 194 A.D.3d 1261, 1262, 147 N.Y.S.3d 261 [2021], lv denied 37 N.Y.3d 1094, 156 N.Y.S.3d 771, 178 N.E.3d 418 [2021] ; People v. Nichols, 194 A.D.3d 1114, 1116, 1......
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