People v. Lloyd
| Court | New York Supreme Court Appellate Division |
| Writing for the Court | AARONS, J. |
| Citation | 37 N.Y.S.3d 917 (Mem),2016 N.Y. Slip Op. 06270,142 A.D.3d 1250 |
| Decision Date | 29 September 2016 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Georel LLOYD, Appellant. |
142 A.D.3d 1250
37 N.Y.S.3d 917 (Mem)
2016 N.Y. Slip Op. 06270
The PEOPLE of the State of New York, Respondent,
v.
Georel LLOYD, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Sept. 29, 2016.
Aaron A. Louridas, Delmar, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: GARRY, J.P., EGAN JR., LYNCH, ROSE and AARONS, JJ.
AARONS, J.
Appeal from a judgment of the Supreme Court (Coccoma, J.), rendered May 15, 2012 in Schenectady County, convicting defendant upon his plea of guilty of the crime of murder in the second degree.
Defendant pleaded guilty to murder in the second degree after he fatally shot a young man. As part of the plea agreement, he waived his right to appeal both orally and in writing. He was subsequently sentenced, in accordance with the terms of the plea agreement, to 20 years to life in prison. Defendant now appeals.
Initially, we find that defendant's waiver of the right to appeal was invalid inasmuch as he was not advised that this right was separate and distinct from the other rights that he was forfeiting by pleading guilty (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Gonzalez, 138 A.D.3d 1353, 1354, 28 N.Y.S.3d 919 [2016] ; People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied
27 N.Y.3d 1135, 2016 WL 3767657 [2016] ). Although his appeal waiver, even if valid, would not preclude his challenge to the voluntariness of his guilty plea, this challenge has not been preserved for our review as the record does not disclose that he made an appropriate postallocution motion (see People v. Larock, 139 A.D.3d 1241, 1242, 31 N.Y.S.3d 665 [2016], lv. denied 28 N.Y.3d 932, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016] ; People v. Daniels, 139 A.D.3d 1256, 1256, 32 N.Y.S.3d 676 [2016] ). Notably, the exception to the preservation...
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