People v. Gagnon
| Decision Date | 14 September 2017 |
| Citation | 153 A.D.3d 1451,59 N.Y.S.3d 718 (Mem) |
| Parties | The PEOPLE of the State of New York, Respondent, v. William P. GAGNON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
153 A.D.3d 1451
59 N.Y.S.3d 718 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
William P. GAGNON, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Sept. 14, 2017.
Susan Patnode, Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Mary E. Rain, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered December 10, 2015, convicting defendant upon his plea of guilty of the crime of unlawful manufacture of methamphetamine in the third degree.
Defendant waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with one count of unlawful manufacture of methamphetamine in the third degree. In return for his acceptance into the judicial diversion program, defendant pleaded guilty as charged (in full satisfaction of both the
superior court information and another pending charge) and waived his right to appeal—both orally and in writing. Consistent with the terms of the plea agreement and the judicial diversion contract executed by defendant, defendant was advised that, if he failed to complete the program, he could be sentenced as a second felony offender to a
maximum period of 4 ½ years in prison followed by two years of postrelease supervision. Following defendant's two failed attempts at completing the program, the matter was set down for sentencing, and County Court thereafter sentenced defendant as a second felony offender to a prison term of four years followed by two years of postrelease supervision. Defendant now appeals.
We reject defendant's assertion that his waiver of the right to appeal was invalid. County Court explained the rights that defendant was forfeiting by pleading guilty and distinguished the...
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...combined with the written waiver, demonstrate his understanding and voluntary waiver of his right to appeal" ( People v. Gagnon, 153 A.D.3d 1451, 1452, 59 N.Y.S.3d 718 [2017] [internal quotation marks and citations omitted]; see People v. Lomax, 161 A.D.3d 1454, 1455, 77 N.Y.S.3d 755 [2018]......