People v. Lomack

• Docket Number: 113326
• Decision Date: 29 June 2023
• Citation: 2023 NY Slip Op 03518
• Parties: The People of the State of New York, Respondent, v. Qarayone Lomack, Appellant.
• Court: New York Supreme Court — Appellate Division

2023 NY Slip Op 03518

The People of the State of New York, Respondent,
v.
Qarayone Lomack, Appellant.

No. 113326

Supreme Court of New York, Third Department

June 29, 2023

Calendar Date: June 5, 2023

Eric M. Galarneau, Albany, for appellant.

Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.

Before: Garry, P.J., Lynch, Clark, Aarons and Ceresia, JJ.

Lynch, J.

Appeal from a judgment of the Supreme Court (Kathleen B. Hogan, J.), rendered June 18, 2020 in Schenectady County, convicting defendant upon his plea of guilty of the crime of rape in the first degree.

In June 2019, a Schenectady County grand jury indicted and charged defendant with one count of rape in the first degree and three counts of burglary in the second degree. After his initial release on bail was continued, defendant engaged in further criminal activity in Albany County in July 2019, which resulted in a five-count indictment charging defendant with, among other crimes, rape in the first degree and attempted kidnapping in the second degree as a sexually motivated felony. In December 2019, defendant pleaded guilty in Albany County to rape in the first degree and attempted kidnapping in the second degree as a sexually motivated felony and subsequently was sentenced to a prison term of 25 years, followed by 20 years of postrelease supervision, upon the rape conviction and to a lesser concurrent prison term upon the attempted kidnapping conviction. Defendant began serving that sentence in January 2020.

Shortly thereafter, the People afforded defendant the opportunity to plead guilty - in full satisfaction of the Schenectady County indictment - to rape in the first degree with the understanding that he would be sentenced to a prison term of 18 years followed by 25 years of postrelease supervision. The negotiated sentence would be served consecutively to the prison terms imposed in Albany County, and the plea agreement required defendant to waive his right to appeal. In February 2020, defendant pleaded guilty in conformity with the plea agreement, and the matter was adjourned for sentencing. Due to the evolving COVID-19 pandemic, Supreme Court imposed the agreed-upon sentence via an electronic appearance in June 2020. This appeal ensued. ^[1]

Defendant initially contends that Supreme Court failed to undertake a sufficient inquiry in response to defendant's written statement to the Probation Department, wherein he claimed that he was "under the influence of heavy drugs" and was not in his "right...