People v. Barragan

Decision Date05 December 2019
Docket Number110193
Citation115 N.Y.S.3d 497,178 A.D.3d 1150
Parties The PEOPLE of the State of New York, Respondent, v. Brandy BARRAGAN, Appellant.
CourtNew York Supreme Court — Appellate Division

178 A.D.3d 1150
115 N.Y.S.3d 497

The PEOPLE of the State of New York, Respondent,
v.
Brandy BARRAGAN, Appellant.

110193

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

Calendar Date: November 8, 2019
Decided and Entered: December 5, 2019


Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.

Karen A. Heggen, District Attorney, Ballston Spa (Gordon W. Eddy of counsel), for respondent.

Before: Garry, P.J., Lynch, Clark and Pritzker, JJ.

MEMORANDUM AND ORDER

178 A.D.3d 1150

Appeal from a judgment of the County Court of Saratoga County (Murphy, J.), rendered May 31, 2017, convicting defendant upon her plea of guilty of the crime of criminal sale of a controlled substance in the second degree.

Defendant was charged in a 15–count indictment with various drug-related offenses. In full satisfaction of the indictment, defendant pleaded guilty to one count of criminal sale of a controlled substance in the second degree with the understanding that she would be sentenced to a prison term of eight years followed by five years of postrelease supervision. The plea agreement also required defendant to, among other things, waive her right to appeal. Consistent with the plea agreement, defendant was ultimately sentenced to the contemplated term of imprisonment. County Court also recommended that defendant be allowed to participate in a shock incarceration program if she is deemed eligible. Defendant appeals.

We affirm. Contrary to defendant's contention, the plea colloquy demonstrates that she knowingly, voluntarily and intelligently waived her right to appeal. During the plea proceeding, County Court advised defendant that the waiver of the right to appeal was a condition of the plea agreement, and defendant

indicated that she understood the terms of the plea agreement (see

...

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5 cases
  • People v. Crawford
    • United States
    • New York Supreme Court — Appellate Division
    • 12 March 2020
    ...valid appeal waiver, defendant's challenge to the agreed-upon sentence as harsh and excessive is precluded (see People v. Barragan, 178 A.D.3d 1150, 1151, 115 N.Y.S.3d 497 [2019] ; People v. Breithaupt, 171 A.D.3d 1311, 1312, 95 N.Y.S.3d 911 [2019], lv . denied 34 N.Y.3d 979, 113 N.Y.S.3d 6......
  • People v. Williams
    • United States
    • New York Supreme Court — Appellate Division
    • 30 July 2020
    ...and stated that he did not have any questions (see People v. Gumbs, 182 A.D.3d 701, 702, 122 N.Y.S.3d 746 [2020] ; People v. Barragan, 178 A.D.3d 1150, 1151, 115 N.Y.S.3d 497 [2019] ). The written appeal waiver reiterated that it was separate and distinct from the other trial-related rights......
  • People v. White
    • United States
    • New York Supreme Court — Appellate Division
    • 30 July 2020
    ...challenge to the severity of the sentence (see People v. Loffler, 178 A.D.3d 1152, 1153, 111 N.Y.S.3d 569 [2019] ; People v. Barragan, 178 A.D.3d 1150, 1151, 115 N.Y.S.3d 497 [2019] ). Under these circumstances, and as we discern no other infirmities in the waiver (compare People v. Thomas,......
  • People v. Coleman, 109944
    • United States
    • New York Supreme Court — Appellate Division
    • 5 December 2019
    ...( People v. Sindoni , 175 A.D.3d 750, 750, 106 N.Y.S.3d 431 [2019] [internal quotation marks and citations omitted]; accord 178 A.D.3d 1150 People v. Westmoreland , 164 A.D.3d 1550, 1550, 81 N.Y.S.3d 780 [2018] ). The prison term imposed by County Court (10 years) was far less than the maxi......
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