People v. Cherry
| Decision Date | 15 November 2018 |
| Docket Number | 108491 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Rufus CHERRY, Also Known as TJ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
166 A.D.3d 1220
86 N.Y.S.3d 355
The PEOPLE of the State of New York, Respondent,
v.
Rufus CHERRY, Also Known as TJ, Appellant.
108491
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: October 18, 2018
Decided and Entered: November 15, 2018
Stephen W. Herrick, Public Defender, Albany (Jessica Gorman of counsel), for appellant.
P. David Soares, District Attorney, Albany (Emily Schultz of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Mulvey, Aarons and Pritzker, JJ.
MEMORANDUM AND ORDER
Aarons, J.
In full satisfaction of an indictment charging him with various sex-related offenses stemming from sexual contact with
a 16–year–old girl, defendant pleaded guilty to criminal sexual act in the third degree and executed a waiver of the right to appeal. At sentencing, County Court granted defendant's request to redact a portion of the presentence report (hereinafter PSR) containing a statement made by the arresting officer. Defendant was subsequently sentenced, consistent with the terms of the plea agreement, to a prison term of two years, to be followed by six years of postrelease supervision. Defendant appeals.
We affirm. Initially, we reject defendant's contention that his waiver of the right to appeal was invalid. The plea minutes reflect that, at the outset of the plea proceeding, defendant was advised that a waiver of the right to appeal was a condition of the plea agreement. Defense counsel confirmed that this was a negotiated term, and defendant verbalized his understanding that he was required to waive his right to appeal as part of the agreement (see People v. Chaney, 160 A.D.3d 1281, 1282, 76 N.Y.S.3d 257 [2018], lv denied 31 N.Y.3d 1146, 83 N.Y.S.3d 427, 108 N.E.3d 501 [2018] ; People v. Gagnon, 153 A.D.3d 1451, 1452, 59 N.Y.S.3d 718 [2017] ). County Court then adequately conveyed to defendant that his right to appeal was separate and distinct from the trial-related rights that he was automatically forfeiting by pleading guilty and confirmed defendant's understanding of the waiver...
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