People v. Inman

• Decision Date: 27 November 2019
• Docket Number: 109049
• Parties: The PEOPLE of the State of New York, Respondent, v. Algun INMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

177 A.D.3d 1167
115 N.Y.S.3d 148

The PEOPLE of the State of New York, Respondent,
v.
Algun INMAN, Appellant.

109049

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: October 9, 2019
Decided and Entered: November 27, 2019

Stephen W. Herrick, Public Defender, Albany (Jessica M. Gorman of counsel), for appellant.

P. David Soares, District Attorney, Albany (Christopher D. Horn of counsel), for respondent.

Before: Garry, P.J., Mulvey, Devine and Aarons, JJ.

MEMORANDUM AND ORDER

Devine, J.

115 N.Y.S.3d 149

177 A.D.3d 1167

Appeal from a judgment of the County Court of Albany County (Lynch, J.), rendered November 9, 2016, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.

Defendant was charged in a six-count indictment after a traffic stop in which he attempted to flee, fought with police officers and, upon his arrest, was found to have heroin and crack cocaine in his possession. His efforts to suppress the recovered drugs were unsuccessful. Thereafter, in satisfaction of the indictment and another pending charge, defendant pleaded guilty to the reduced count of attempted criminal possession of a controlled substance in the third degree and waived his right to appeal. As contemplated by the plea agreement, County Court sentenced defendant, a second felony drug offender previously convicted of a violent felony, to 7½ years in prison to be followed by three years of postrelease supervision. Defendant appeals, and we now affirm.

Although the point was not made when the People first set forth the terms of the plea agreement, defendant was advised during the plea colloquy, and before pleading guilty, that an appeal waiver was part of the bargain (see People v. Sahler, 168 A.D.3d 1313, 1314, 92 N.Y.S.3d 484 [2019] ; People v. Gilbert, 145 A.D.3d 1196, 1196, 43 N.Y.S.3d 556 [2016], lvs denied 28 N.Y.3d 1184, 1187, 52 N.Y.S.3d 711, 714, 75 N.E.3d 103, 106 [2017]). County Court distinguished the right to appeal from the ones defendant would automatically forfeit by pleading guilty and...