People v. Long

• Decision Date: 29 May 2014
• Citation: 986 N.Y.S.2d 670,117 A.D.3d 1326,2014 N.Y. Slip Op. 03879
• Parties: The PEOPLE of the State of New York, Respondent, v. Claude LONG, Also Known as Dollar, Appellant.
• Court: New York Supreme Court — Appellate Division

117 A.D.3d 1326
986 N.Y.S.2d 670
2014 N.Y. Slip Op. 03879

The PEOPLE of the State of New York, Respondent,
v.
Claude LONG, Also Known as Dollar, Appellant.

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

May 29, 2014.

James P. Milstein, Public Defender, Albany (Theresa M. Suozzi of counsel), for appellant, and appellant pro se.

Eric T. Schneiderman, Attorney General, New York City (Jodi A. Danzig of counsel), for respondent.

Before: PETERS, P.J., LAHTINEN, McCARTHY, GARRY and DEVINE, JJ.

GARRY, J.

Appeal from a judgment of the County Court of Albany County (Breslin, J.), rendered February 22, 2012, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.

In conjunction with a 278–count indictment accusing more than 30 people of involvement in an enterprise to distribute and sell cocaine, defendant was charged in 10 counts of the indictment with conspiracy

[986 N.Y.S.2d 671]

in the second degree, criminal possession of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the fourth degree, attempted criminal possession of a controlled substance in the third degree (five counts) and attempted criminal possession of a controlled substance in the fourth degree. Thereafter, he entered into a plea agreement pursuant to which he would plead guilty to one count of criminal possession of a controlled substance in the third degree, waive his right to appeal and promise cooperation against his codefendants in exchange for a prison sentence of six years followed by three years of postrelease supervision. Subsequent to his plea, the Organized Crime Task Force prosecuting the case informed County Court that defendant had failed to fulfill his obligation to cooperate under the plea agreement. Accordingly, the court found the agreement not to be enforceable and thereafter sentenced defendant as a second felony offender to a prison term of 10 years followed by three years of postrelease supervision. Defendant appeals.

We affirm. Initially, we are unpersuaded by defendant's challenge to the validity of his appeal waiver; County Court adequately informed him that his right to appeal was separate from the other rights automatically forfeited upon a guilty plea, the written appeal waiver he executed in open court similarly informed him of that fact, and he was provided with ample time to confer with counsel to ensure that he fully understood the impact of his waiver ( see People v. Campbell, 114 A.D.3d 996, 997, 979 N.Y.S.2d 874 [2014];People v. Osgood, 111 A.D.3d 1029, 1030, 974 N.Y.S.2d 662 [2013],lv. denied22 N.Y.3d 1089, 981 N.Y.S.2d 675, 4 N.E.3d 977 [2014] ). Accordingly, defendant's challenge to the sufficiency of his plea is foreclosed by his valid waiver of appeal ( see People v. Osgood, 111 A.D.3d at...