People v. Beverly
| Decision Date | 16 June 2016 |
| Citation | 140 A.D.3d 1400,2016 N.Y. Slip Op. 04743,34 N.Y.S.3d 245 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Keon BEVERLY, Also Known as Light, Appellant. |
| Court | New York Supreme Court — Appellate Division |
140 A.D.3d 1400
34 N.Y.S.3d 245
2016 N.Y. Slip Op. 04743
The PEOPLE of the State of New York, Respondent,
v.
Keon BEVERLY, Also Known as Light, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
June 16, 2016.
Aaron A. Louridas, Delmar, for appellant.
Eric T. Schneiderman, Attorney General, New York City (Jodi A. Danzig of counsel), for respondent.
Before: LAHTINEN, J.P., ROSE, LYNCH, CLARK and AARONS, JJ.
LYNCH, J.
Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered January 11, 2011, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
As a result of an investigation into narcotics trafficking by the Attorney General's Organized Crime Task Force, defendant was charged in an indictment with conspiracy in the second degree and two counts of criminal sale of a controlled substance in the third degree. Pursuant to a negotiated agreement, defendant pleaded guilty to one count of criminal sale of a controlled substance in the third degree. He was sentenced as a second felony offender, in accordance with the agreement, to a seven-year prison term followed by 1 ½ years of postrelease supervision and now appeals.
We affirm. To begin, we find that defendant knowingly and intelligently waived his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see also People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ). County Court thoroughly advised defendant of the constitutional rights being forfeited upon a guilty plea (see People v. Tyrell, 22 N.Y.3d 359, 365, 981 N.Y.S.2d 336, 4 N.E.3d 346 [2013] ), and then asked whether, “separate and apart, independent of the trial rights you give up by virtue of the plea, do you understand [that] the plea bargain requires that you give up your right to appeal the conviction as well as the sentence that I will impose here?” Defendant responded in the affirmative. This colloquy confirms
that defendant was
...To continue reading
Request your trial
-
Gabbidon v. Lee
... ... that Petitioner's previous counsel, Mungavin, ... “pressured and badgered” him to accept the ... People's offer to plead guilty. (Docket No. 11-5; see ... also Docket No. 11-7). Shiller further argued that ... Petitioner was not guilty, ... call into question any elements of his conviction. ( See ... generally Docket No. 11-4); see also People v ... Beverly , 34 N.Y.S.3d 245, 247 (3d Dep't ... 2016) ... [ 13 ] Although the Dutchess County Court ... also addressed this claim on the ... ...
-
Weston v. Capra
...did not call into question any elements of his conviction. (See generally May 1, 2014 Transcript); see also People v. Beverly, 34 N.Y.S.3d 245, 247 (3d Dep't 2016). [23] Petitioner also executed written waivers of indictment and appeal, which the court confirmed he understood. (Id. at 11-13......
-
People v. Darrell
...preservation requirement (see People v. Lopez, 71 N.Y.2d 662, 665–666, 529 N.Y.S.2d 465, 525 N.E.2d 5 [1988] ; People v. Beverly, 140 A.D.3d 1400, 1401, 34 N.Y.S.3d 245 [2016], lvs. denied 28 N.Y.3d 927, 933, 40 N.Y.S.3d 355, 63 N.E.3d 75 [2016] ). Were we to address these claims, we would ......
-
Moronta v. Rich
... ... the original indictment. ( See id. at 23; Docket No ... 16-1 at 1). In exchange for the plea, the People agreed to a ... sentence of twenty years in prison followed by five years of ... post-release supervision. (Docket No. 17 at 2). The plea ... regarding voluntariness of plea unexhausted because it was ... not raised on direct appeal); People v. Beverly , 34 ... N.Y.S.3d 245, 247 (3d Dep't 2016) (“Defendant's ... claims that his guilty plea was not voluntary and that ... counsel ... ...