People v. Henion
| Decision Date | 31 October 2013 |
| Citation | 973 N.Y.S.2d 857,110 A.D.3d 1349,2013 N.Y. Slip Op. 07076 |
| Parties | The PEOPLE of the State of New York, Respondent, v. William HENION, Appellant. |
| Court | New York Supreme Court — Appellate Division |
110 A.D.3d 1349
973 N.Y.S.2d 857
2013 N.Y. Slip Op. 07076
The PEOPLE of the State of New York, Respondent,
v.
William HENION, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Oct. 31, 2013.
Carl J. Silverstein, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (David Berson of counsel), for respondent.
Before: ROSE, J.P., LAHTINEN, GARRY and EGAN JR., JJ.
GARRY, J.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered January 18, 2011, convicting defendant upon his plea of guilty of the crime of reckless endangerment in the first degree (two counts).
Defendant waived indictment and was charged in two superior court informations with reckless endangerment in the first degree, stemming from a high speed chase involving multiple police agencies at speeds in excess of 110 miles per hour through the Towns of Fallsburg and Mamakating in Sullivan County. Pursuant to a negotiated plea agreement, defendant pleaded guilty to both crimes in exchange for a sentence of six months in jail followed by five years of probation, which
[973 N.Y.S.2d 858]
included a three- to six-month inpatient treatment program. Defendant also waived his right to appeal as part of the plea agreement. Thereafter, defendant absconded from the treatment program and failed to appear for sentencing, after which County Court imposed an enhanced sentence of 2 1/3 to 7 years in prison on each count, to run concurrently, with a recommendation for participation in the shock treatment program. Defendant appeals.
We affirm. Initially, to the extent that defendant contends that his waiver of appeal was invalid, we find this argument unavailing. While County Court should have been more thorough in distinguishing the right to appeal from other rights relinquished during the allocution, the written waiver executed by defendant and his counsel and approved by the court also acknowledged defendant's right to appeal, indicated that he had discussed the waiver and its consequences with counsel, and affirmed that he was voluntarily waiving the right ( see People v. White, 96 A.D.3d 1299, 1299–1300, 946 N.Y.S.2d 717 [2012],lv. denied19 N.Y.3d 1029, 953 N.Y.S.2d 563, 978 N.E.2d 115 [2012];People v. McCaskill, 76 A.D.3d 751, 752, 905 N.Y.S.2d 721 [2010] ). To the extent that the waiver encompassed any nonwaivable issues, they are simply excluded from its scope and the balance of the waiver remains valid ( see People v. Gruber, ...
To continue reading
Request your trial
-
People v. Thomas
... ... Ct. at 749750 [noting that "even the broadest appeal waiver does not deprive a defendant of all appellate claims"] ). While any nonwaivable issues purportedly encompassed by a waiver will be excluded from its scope, the balance of the waiver remains valid and enforceable ( see People v. Henion, 110 A.D.3d 1349, 1350, 973 N.Y.S.2d 857 [3d Dept. 2013] ; People v. Neal, 56 A.D.3d 1211, 1211, 867 N.Y.S.2d 612 [4th Dept. 2008] ; see also Callahan, 80 N.Y.2d at 282, 590 N.Y.S.2d 46, 604 N.E.2d 108 [holding that "a bargained-for waiver of the right to appeal is ineffective to the extent ... ...
-
People v. King
... ... Henion, 110 A.D.3d 1349, 1350, 973 N.Y.S.2d 857, lv. denied 22 N.Y.3d 1088, 981 N.Y.S.2d 674, 4 N.E.3d 976 ; People v. Pelaez, 100 A.D.3d 803, 804, 954 N.Y.S.2d 554, lv. denied 21 N.Y.3d 945, 968 N.Y.S.2d 8, 990 N.E.2d 142 ). Furthermore, although a waiver of the right to appeal does not foreclose review ... ...
-
People v. Tole
... ... Under these circumstances, the record reflects that defendant's waiver of the right to appeal his convictions and sentences was knowing, intelligent and voluntary ( see People v. Henion, 110 A.D.3d 1349, 1350, 973 N.Y.S.2d 857 [2013],lv. denied22 N.Y.3d 1088, 981 N.Y.S.2d 674, 4 N.E.3d 976 [2014];People v. McCaskill, 76 A.D.3d 751, 752, 905 N.Y.S.2d 721 [2010];People v. Glynn, 73 A.D.3d 1290, 1290–1291, 900 N.Y.S.2d 513 [2010] ). In light of his valid appeal waiver, defendant's ... ...
-
People v. Griffin
... ... Tole, 119 A.D.3d 982, 982983, 989 N.Y.S.2d 185 [2014] ; People v. Henion, 110 A.D.3d 1349, 1350, 973 N.Y.S.2d 857 [2013], lv. denied 22 N.Y.3d 1088, 981 N.Y.S.2d 674, 4 N.E.3d 976 [2014] ; People v. White, 96 A.D.3d 1299, 12991300, 946 N.Y.S.2d 717 [2012], lv. denied 19 N.Y.3d 1029, 953 N.Y.S.2d 563, 978 N.E.2d 115 [2012] ; compare 134 A.D.3d 1230People v. Pope, 129 ... ...