People v. Gilbert
| Decision Date | 08 December 2016 |
| Citation | 43 N.Y.S.3d 556,145 A.D.3d 1196,2016 N.Y. Slip Op. 08260 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Isiah GILBERT, also known as Pretty, Appellant. |
| Court | New York Supreme Court — Appellate Division |
145 A.D.3d 1196
43 N.Y.S.3d 556
2016 N.Y. Slip Op. 08260
The PEOPLE of the State of New York, Respondent,
v.
Isiah GILBERT, also known as Pretty, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Dec. 8, 2016.
G. Scott Walling, Schenectady, for appellant.
P. David Soares, District Attorney, Albany (Brittany L. Grome of counsel), for respondent.
Before: EGAN JR., J.P., ROSE, CLARK, MULVEY and AARONS, JJ.
ROSE, J.
Appeal from a judgment of the Supreme Court (McDonough, J.), rendered March 27, 2015 in Albany County, convicting defendant upon his plea of guilty of the crime of attempted criminal sale of a controlled substance in the third degree.
Pursuant to a negotiated plea agreement, defendant pleaded guilty to attempted criminal sale of a controlled substance in the third degree and waived his right to appeal. The plea agreement included a commitment from Supreme Court that it would not impose a sentence of more than five years in prison and three years of postrelease supervision. However, when defendant failed to appear at sentencing and violated other conditions of the plea agreement, the court imposed an enhanced sentence of 6 ½ years in prison followed by three years of postrelease supervision. Defendant appeals.
Defendant first contends that his plea was not knowingly, voluntarily and intelligently entered because, at the time he accepted the plea bargain, he was unaware that Supreme Court would require him to waive his right to appeal. Defendant's contention is misplaced, however, as it does not impact the voluntariness of his plea but, instead, implicates only the validity of the appeal waiver itself. In this regard, the record reflects that, "[a]lthough the appeal waiver was not mentioned when the terms of the plea agreement were initially placed on the record,"
defendant was informed during the plea colloquy, and prior to pleading guilty, that a waiver of the right to appeal was part...
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