People v. Larose
| Citation | 71 N.Y.S.3d 916 (Mem),160 A.D.3d 1215 |
| Decision Date | 19 April 2018 |
| Docket Number | 108612 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Anthony A. LAROSE II, Appellant. |
| Court | New York Supreme Court Appellate Division |
160 A.D.3d 1215
71 N.Y.S.3d 916 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Anthony A. LAROSE II, Appellant.
108612
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: March 2, 2018
Decided and Entered: April 19, 2018
Rural Law Center of New York, Castleton (Kelly L. Egan of counsel), for appellant.
Gary M. Pasqua, District Attorney, Canton (Matthew L. Peabody of counsel), for respondent.
Before: Garry, P.J., McCarthy, Lynch, Devine and Pritzker, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of St. Lawrence County (Champagne, J.), rendered July 7, 2016, convicting defendant upon his plea of guilty of the crimes of unlawful manufacture of methamphetamine in the third degree and driving while ability impaired.
Defendant waived indictment and agreed to be prosecuted by a superior court information charging him with unlawful manufacture of methamphetamine in the third degree and driving with ability impaired. A plea agreement was reached pursuant to which defendant pleaded guilty to the charged crimes and waived his right to appeal, both orally and in writing. In accordance with the plea agreement, he was sentenced, as a second felony offender, to an aggregate prison term of four years followed by two years of postrelease supervision, to be executed as a sentence of parole supervision thereby allowing for his participation in a drug treatment program (see CPL 410.91 ). Defendant appeals.
We are unpersuaded by defendant's contention that his waiver of the right to appeal is invalid. The record reflects that County Court explained to defendant that the waiver of the right to appeal was separate and distinct from the rights automatically forfeited by the guilty plea, and defendant acknowledged that he understood the nature of the waiver (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Dobbs, 157 A.D.3d 1122, 1122, 68 N.Y.S.3d 781 [2018] ). Defendant also signed a detailed written waiver in open court that outlined his rights...
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...165 A.D.3d 1350, 1350, 82 N.Y.S.3d 905 [2018], lv denied 32 N.Y.3d 1173, 97 N.Y.S.3d 580, 121 N.E.3d 207 [2019] ; People v. Larose, 160 A.D.3d 1215, 1216 [2018], lv denied 31 N.Y.3d 1150, 83 N.Y.S.3d 432, 108 N.E.3d 506 [2018] ), he executed a written waiver in open court, wherein he agreed......
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People v. Muller
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