People v. Parker
| Decision Date | 22 July 2021 |
| Docket Number | 110569 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Junior PARKER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
196 A.D.3d 970
150 N.Y.S.3d 331
The PEOPLE of the State of New York, Respondent,
v.
Junior PARKER, Appellant.
110569
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: June 17, 2021
Decided and Entered: July 22, 2021
Donna Maria Lasher, Rock Hill, for appellant.
David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Aarons, Pritzker and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered June 5, 2015, convicting defendant upon his plea of guilty of the crime of criminal possession of a controlled substance in the third degree.
In full satisfaction of a seven-count indictment, defendant agreed to plead guilty to one count of criminal possession of a controlled substance in the third degree with the understanding that he would be sentenced to a prison term of eight years followed by three years of postrelease supervision. The plea agreement also required defendant to waive his right to appeal and provided that defendant would make restitution to "CNET, New York State Police." Defendant pleaded guilty in conformity with the plea agreement, and County Court sentenced defendant as a second felony offender to the contemplated term of imprisonment and ordered restitution in the amount of $200 for buy money. This appeal ensued.
Contrary to defendant's assertion, we find that his combined oral and written waiver of the right to appeal was valid. Although County Court's explanation of the waiver "arguably could have been more expansive" ( People v. Charles, 163 A.D.3d 1362, 1362, 82 N.Y.S.3d 221 [2018], lv denied 32 N.Y.3d 1063, 89 N.Y.S.3d 118, 113 N.E.3d 952 [2018] ), defendant
was made aware – prior to pleading guilty – that a waiver of the right to appeal was part of the plea agreement (see People v. Pace, 192 A.D.3d 1274, 1274, 142 N.Y.S.3d 678 [2021] ; People v. Bowden, 177 A.D.3d 1037, 1038, 114 N.Y.S.3d 482 [2019], lv denied 34 N.Y.3d 1157, 120 N.Y.S.3d 238, 142 N.E.3d 1140 [2020] ), and County Court made clear that such waiver was separate and distinct from the trial-related rights that defendant was forfeiting by pleading guilty (see
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