People v. Macon
| Decision Date | 25 August 2016 |
| Citation | 142 A.D.3d 739,36 N.Y.S.3d 752,2016 N.Y. Slip Op. 05886 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Terry MACON, Also Known as Tennessee, Appellant. |
| Court | New York Supreme Court — Appellate Division |
142 A.D.3d 739
36 N.Y.S.3d 752
2016 N.Y. Slip Op. 05886
The PEOPLE of the State of New York, Respondent,
v.
Terry MACON, Also Known as Tennessee, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
Aug. 25, 2016.
Salvatore Adamo, Albany, for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: GARRY, J.P., EGAN JR., DEVINE, MULVEY and AARONS, JJ.
GARRY, J.P.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered February 4, 2014, convicting defendant upon his plea of guilty of the crime of criminal sale of a controlled substance in the third degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to criminal sale of a controlled substance in the third degree and waived his right to appeal. He was thereafter sentenced, in accord with the terms of the plea agreement, to five years in prison, to be followed by two years of postrelease supervision. Defendant now appeals.
Initially, we note that defendant's waiver of the right to appeal was valid. County Court explained that this right was separate from the other rights that defendant was forfeiting by pleading guilty and defendant communicated his understanding. He then proceeded to execute a detailed written waiver in open court after reviewing it with counsel. Thus, defendant is foreclosed by his valid waiver from challenging the severity of the sentence (see People v. Miller, 137 A.D.3d 1485, 1485, 29 N.Y.S.3d 586 [2016] ; Matter of Rushlow, 137 A.D.3d 1482, 1483, 28 N.Y.S.3d 476 [2016] ).
Defendant also challenges the voluntariness of his guilty plea. Although it is not precluded by his valid waiver of the right to appeal, this claim has not been preserved for our review, as the record does not reveal that he made an appropriate postallocution motion (see People v. Blair, 136 A.D.3d 1105, 1106, 24 N.Y.S.3d 451 [2016], lvs. denied 27 N.Y.3d 1066, 1072, ––– N.Y.S.3d ––––, ––––, ––– N.E.3d ––––, ––––, [2016] ; People v. Walker, 135...
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