People v. Jackson

• Decision Date: 05 April 2016
• Citation: 27 N.Y.S.3d 857 (Mem)
• Parties: The PEOPLE of the State of New York, Respondent, v. Rashsean JACKSON, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

27 N.Y.S.3d 857 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Rashsean JACKSON, Defendant–Appellant.

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

April 5, 2016.

Robert S. Dean, Center for Appellate Litigation, New York (Katharine Skolnick of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Ross D. Mazer of counsel), for respondent.

Judgment, Supreme Court, New York County (James Burke, J. at diversion hearing; Melissa C. Jackson, J. at plea and sentencing), rendered April 21, 2014, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 4 ½ years, unanimously affirmed.

Defendant made a valid waiver of the right to appeal that forecloses review of his judicial diversion and excessive sentence claims (see People v. Lopez, 6 N.Y.3d 248, 255–256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Jenkins, ––– A.D.3d –––, 24 N.Y.S.3d 639 [1st Dept.2016] ). The court elicited defendant's appeal waiver separately from its discussion of the trial rights that defendant automatically forfeited upon a guilty plea, and defendant also signed a written waiver, which he acknowledged on the record that he understood and had discussed with counsel. The written waiver cured any ambiguity in the court's colloquy with defendant (see People v. Sanders, 25 N.Y.3d 337, 340–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 [2015] ; People v. Ramos, 7 N.Y.3d 737, 819 N.Y.S.2d 853, 853 N.E.2d 222 [2006];People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ).

SWEENY, J.P., RENWICK, MANZANET–DANIELS, KAPNICK, JJ., concur.