People v. Golden
| Decision Date | 18 April 2019 |
| Docket Number | 109308 |
| Citation | 171 A.D.3d 1357,98 N.Y.S.3d 662 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Malik E. GOLDEN, Appellant. |
| Court | New York Supreme Court — Appellate Division |
171 A.D.3d 1357
98 N.Y.S.3d 662
The PEOPLE of the State of New York, Respondent,
v.
Malik E. GOLDEN, Appellant.
109308
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: March 27, 2019
Decided and Entered: April 18, 2019
Tracy A. Donovan Laughlin, Oneonta, for appellant.
Stephen K. Cornwell Jr., District Attorney, Binghamton (Stephen D. Ferri of counsel), for respondent.
Before: Egan Jr., J.P., Devine, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Devine, J.
In October 2016, defendant was indicted for criminal possession of marihuana in the second degree. As a part of a plea agreement and in satisfaction of the indictment, defendant pleaded guilty to the reduced charge of attempted criminal possession of marihuana in the second degree and waived his right to appeal, orally and in writing. Under the terms of the plea agreement, defendant was to be sentenced to four months of weekends in jail, to be followed by five years of postrelease supervision. At the plea colloquy, County Court admonished defendant that it would not be bound by the agreed-upon sentencing commitment if defendant failed to appear or engaged in additional criminal conduct between the time of his plea and sentencing. Before sentencing, defendant was arrested for possession of marihuana. County Court thereafter imposed an enhanced sentence of six months in jail to be followed by five years of postrelease supervision. Defendant appeals.
Defendant's sole contention on appeal is that, because defense counsel failed to adequately communicate with defendant between the time of his guilty plea and sentencing, he was denied the effective assistance of counsel, which contributed to the enhanced sentence that he received. As this claim relates to sentencing and does not implicate the voluntariness of his plea, the claim is precluded by the unchallenged waiver of appeal
(see People v. Bouck, 153 A.D.3d 1522, 1523–1524, 61 N.Y.S.3d 388 [2017], lv denied 30 N.Y.3d 1017, 70 N.Y.S.3d 450, 93 N.E.3d 1214 [2017] ; People v. White, 145 A.D.3d 1324, 1325, 44 N.Y.S.3d 247 [2016] ; People v. Howard, 1 A.D.3d 718, 719, 766 N.Y.S.2d 641 [2003] ).1 Further, to the extent that
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...155 A.D.3d 1094, 1095 [2017], lv denied 30 N.Y.3d 1116 [2018]) and the enhanced sentence as harsh and excessive (see People v Golden, 171 A.D.3d 1357, 1358 [2019]; People v Bateman, 151 A.D.3d 1482, 1484 [2017], lv denied 31 N.Y.3d 981 [2018]). Despite any reservations that we may have conc......
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People v. Jean-Pierre
... ... James, 155 A.D.3d 1094, 1095, 64 N.Y.S.3d 350 [2017], lv denied 30 N.Y.3d 1116, 77 N.Y.S.3d 341, 101 N.E.3d 982 [2018] ) and the enhanced sentence as harsh and excessive (see People v. Golden, 171 A.D.3d 1357, 1358, 98 N.Y.S.3d 662 [2019] ; People v. Bateman, 151 A.D.3d 1482, 1484, 59 N.Y.S.3d 159 [2017], lv denied 31 N.Y.3d 981, 77 N.Y.S.3d 659, 102 N.E.3d 436 [2018] ). Despite any reservations that we may have concerning the imposition of the enhanced sentence, his request that we ... ...