People v. Cooks
| Decision Date | 04 May 2017 |
| Citation | 150 A.D.3d 1323,51 N.Y.S.3d 433 (Mem) |
| Parties | The PEOPLE of the State of New York, Respondent, v. Qualon COOKS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
150 A.D.3d 1323
51 N.Y.S.3d 433 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Qualon COOKS, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
May 4, 2017.
Donnial K. Hinds, Albany, for appellant, and appellant pro se.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), for respondent.
Before: PETERS, P.J., McCARTHY, EGAN JR., MULVEY and AARONS, JJ.
McCARTHY, J.
Appeal from a judgment of the County Court of Albany County (Herrick, J.), rendered June 13, 2014, convicting defendant upon his plea of guilty of the crime of robbery in the second degree.
Defendant pleaded guilty to robbery in the second degree in satisfaction of two indictments and another uncharged crime. As part of his guilty plea, he waived his right to appeal both orally and in writing. In accordance with the terms of the plea agreement, he was sentenced to 10 years in prison, to be followed by five years of postrelease supervision. Defendant now appeals.
Initially, we find no merit to defendant's challenge to the validity of his waiver of the right to appeal. Our review of the record discloses that County Court explained the consequences of the waiver and advised defendant that it was separate and distinct from the other rights that he was forfeiting by pleading guilty. Defendant communicated his understanding and, after conferring with counsel, signed a written
waiver in open court. Accordingly, we find that the waiver was knowing, voluntary and intelligent (see People v. Dolberry, 147 A.D.3d 1149, 1150, 46 N.Y.S.3d 437 [2017] ; People v. Simpson, 146 A.D.3d 1175, 1176, 47 N.Y.S.3d 477 [2017] ).
Although defendant's valid appeal waiver does not preclude him from contesting the voluntariness of his guilty plea, this claim has not been preserved for our review as the record does not reveal that he made an appropriate postallocution motion (see People v. Dolberry, 147 A.D.3d at 1150, 47 N.Y.S.3d 741 ; People v. Darrell, 145 A.D.3d 1316, 1317, 45 N.Y.S.3d...
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...with regard to defendant's claims of actual innocence, his submissions failed to establish his "factual innocence" ( People v. Howe, 150 A.D.3d at 1323, 54 N.Y.S.3d 190 [internal quotation marks and citation omitted]; accord People v. Caldavado, 26 N.Y.3d 1034, 1037, 22 N.Y.S.3d 159, 43 N.E......
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