People v. Purnell
| Decision Date | 24 September 2020 |
| Docket Number | 110557 |
| Citation | 129 N.Y.S.3d 358 (Mem),186 A.D.3d 1834 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Jason PURNELL, Appellant. |
| Court | New York Supreme Court — Appellate Division |
186 A.D.3d 1834
129 N.Y.S.3d 358 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Jason PURNELL, Appellant.
110557
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: September 4, 2020
Decided and Entered: September 24, 2020
Rural Law Center of New York, Castleton (Kristin A. Bluvas of counsel), for appellant.
Letitia James, Attorney General, New York City (Paul B. Lyons of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Devine, Pritzker and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered June 21, 2018, convicting defendant upon his plea of guilty of the crime of operating as a major trafficker.
Following a lengthy investigation, defendant was charged in an indictment with 15 counts of various drug-related and weapons crimes.1 Defendant ultimately accepted a negotiated plea offer pursuant to which he pleaded guilty to one count of operating as a major trafficker in satisfaction of all charges and waived his right to appeal. In exchange, County Court imposed a prison sentence of 15 years to be followed by five years of post-release supervision. Defendant appeals.
We affirm. Initially, we reject defendant's contention that his waiver of the right to appeal was not knowing, intelligent and voluntary. At the outset of the plea proceeding, defendant was advised that a waiver of the right to appeal was a condition of the plea agreement, and he both acknowledged his understanding that he was required to waive his right to appeal as part of the agreement and his willingness to do so. County Court then explained to defendant that his waiver of appellate rights was separate and distinct from the trial-related rights automatically forfeited by his guilty plea, specified the types of issues that were not waived and ascertained that defendant had sufficient time to confer with counsel and had no questions (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Snare, 174 A.D.3d 1222, 1222–1223, 102 N.Y.S.3d 902 [2019], lv denied 34 N.Y.3d 984, 113 N.Y.S.3d 640, 137...
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...after reviewing it with counsel and stated that he understood the waiver form and signed it voluntarily (see People v. Purnell, 186 A.D.3d 1834, 1834, 129 N.Y.S.3d 358 [2020], lv denied 36 N.Y.3d 975, 138 N.Y.S.3d 481, 162 N.E.3d 710 [2020] ; People v. Pugliese, 185 A.D.3d 1358, 1359, 126 N......
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