People v. Nealon
| Citation | 166 A.D.3d 1225,88 N.Y.S.3d 283 |
| Decision Date | 15 November 2018 |
| Docket Number | 108736 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Matthew NEALON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
166 A.D.3d 1225
88 N.Y.S.3d 283
The PEOPLE of the State of New York, Respondent,
v.
Matthew NEALON, Appellant.
108736
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: October 17, 2018
Decided and Entered: November 15, 2018
Justin C. Brusgul, Voorheesville, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., McCarthy, Lynch, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Rumsey, J.
In full satisfaction of a four-count indictment, defendant agreed to plead guilty to one count of strangulation in the second degree and one count of criminal contempt in the first degree in exchange for prison terms of 3½ years for the strangulation conviction and 1 to 3 years for the contempt conviction – said sentences to be served concurrently – and a period of postrelease supervision. The plea agreement also included a waiver of the right to appeal. Prior to sentencing, defendant moved to withdraw his plea, contending, among other things, that he "felt pressured into taking a guilty plea [that he] did not want to take." The People opposed defendant's request, and County Court denied the motion without a hearing. Defendant thereafter was sentenced to the agreed-upon terms of imprisonment. This appeal ensued.
Initially, we agree with defendant that his waiver of the right to appeal was invalid, as County Court "did not advise defendant of the separate and distinct nature of the waiver" ( People v. Jaggarnine, 163 A.D.3d 1352, 1353, 77 N.Y.S.3d 909 [2018] ; see People v. Morrow, 163 A.D.3d 1265, 1265, 80 N.Y.S.3d 559 [2018] ), and the court's brief exchange with defendant "fell short of ensuring that defendant appreciated the right that he was relinquishing and understood the consequences thereof" ( People v. Mallard, 163 A.D.3d 1350, 1351, 82 N.Y.S.3d 653 [2018] ; see People v. Baker, 157 A.D.3d 1164, 1165, 69 N.Y.S.3d 764 [2018] ). Similarly, although defendant executed a written waiver of the right to appeal, County Court did not ask whether defendant had read the written waiver (see People v. Thompson, 157 A.D.3d 1141, 1141, 69 N.Y.S.3d 744 [2018] )
and otherwise "made no attempt to ensure that defendant understood the contents or ramifications thereof" ( People...
To continue reading
Request your trial
-
People v. Rodriguez
...quotation marks and citations omitted], lv denied 38 N.Y.3d 928, 164 N.Y.S.3d 28, 184 N.E.3d 849 [2022] ; see People v. Nealon, 166 A.D.3d 1225, 1226, 88 N.Y.S.3d 283 [2018] ). In this regard, "[a]n evidentiary hearing will be required only where the record presents a genuine question of fa......
-
People v. Palmer
...say that County Court abused its discretion in denying defendant's motion to withdraw his plea without a hearing ( People v. Nealon , 166 A.D.3d 1225, 1226, 88 N.Y.S.3d 283 [2018] [internal quotation marks and citations omitted]; see People v. Jackson , 163 A.D.3d 1273, 1274–1275, 80 N.Y.S.......
-
People v. Diggs, 109410
..., 172 A.D.3d 1640, 1641, 99 N.Y.S.3d 790 [2019], lv denied 33 N.Y.3d 1102, 106 N.Y.S.3d 665, 130 N.E.3d 1275 [2019] ; People v. Nealon , 166 A.D.3d 1225, 1226, 88 N.Y.S.3d 283 [2018] ). Defendant's remaining challenges to the voluntariness of the plea, including that he was coerced into ple......
-
People v. Ozuna
...or in denying defendant's motion to withdraw his plea (see People v. Palmer, 174 A.D.3d at 1119, 104 N.Y.S.3d 793 ; People v. Nealon, 166 A.D.3d 1225, 1226, 88 N.Y.S.3d 283 [2018] ). We also find without merit defendant's contention that County Court erred 112 N.Y.S.3d 828 in denying his re......