People v. Barnes
| Decision Date | 09 November 2022 |
| Docket Number | 2020–07416,Ind. No. 53/19 |
| Parties | The PEOPLE, etc., respondent, v. Alfred BARNES, appellant. |
| Court | New York Supreme Court — Appellate Division |
210 A.D.3d 792
178 N.Y.S.3d 164
The PEOPLE, etc., respondent,
v.
Alfred BARNES, appellant.
2020–07416
Ind. No. 53/19
Supreme Court, Appellate Division, Second Department, New York.
Submitted—October 7, 2022
November 9, 2022
Andrew E. MacAskill, Garden City, NY, for appellant.
Anne T. Donnelly, District Attorney, Mineola, NY (Jason R. Richards and Madeline Collins of counsel), for respondent.
BETSY BARROS, J.P., VALERIE BRATHWAITE NELSON, CHERYL E. CHAMBERS, LILLIAN WAN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Robert G. Bogle, J.), rendered August 26, 2020, convicting him of attempted criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
On December 12, 2019, the defendant entered a plea of guilty to attempted criminal possession of a weapon in the second degree. As part of the plea agreement, the defendant waived his right to appeal. On August 26, 2020, prior to sentencing, the defendant moved to withdraw his plea of guilty. The Supreme Court denied the motion without a hearing and imposed sentence.
The defendant's waiver of his right to appeal was knowing, intelligent, and voluntary (see People v. Thomas, 34 N.Y.3d 545, 559–560, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Green, 173 A.D.3d 1202, 1202, 101 N.Y.S.3d 644 ; People v. Koch, 168 A.D.3d 977, 978, 90 N.Y.S.3d 542 ; People v. Batista, 167 A.D.3d 69, 73–74, 86 N.Y.S.3d 492 ). The Supreme Court accurately described the distinct rights forfeited by the appeal waiver (see People v. Koch, 168 A.D.3d at 978, 90 N.Y.S.3d 542 ; People v. Rodriguez, 78 A.D.3d 1204, 1205, 911 N.Y.S.2d 675 ; cf. People v. Walder, 186 A.D.3d 1272, 1272, 127 N.Y.S.3d 894 ). Furthermore, the nature
and terms of the plea agreement
and the defendant's age, experience, and background do not...
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