People v. Sahler
| Decision Date | 31 January 2019 |
| Docket Number | 108962 |
| Citation | 168 A.D.3d 1313,92 N.Y.S.3d 484 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Matthew SAHLER, Appellant. |
| Court | New York Supreme Court — Appellate Division |
168 A.D.3d 1313
92 N.Y.S.3d 484
The PEOPLE of the State of New York, Respondent,
v.
Matthew SAHLER, Appellant.
108962
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: January 4, 2019
Decided and Entered: January 31, 2019
Andrew Kossover, Public Defender, Kingston (Michael K. Gould of counsel), for appellant.
D. Holley Carnright, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.
Before: Egan Jr., J.P., Clark, Devine, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered July 23, 2015, convicting defendant upon his plea of guilty of the crimes of aggravated driving while intoxicated and driving while intoxicated.
Following an incident that occurred in July 2014, defendant was charged in a three-count indictment with aggravated driving while intoxicated, driving while intoxicated as a felony and
aggravated unlicensed operation of a motor vehicle in the first degree. Three months later, defendant was involved in a motor vehicle accident, as the result of which he subsequently waived indictment and agreed to be prosecuted pursuant to a superior court information charging him with one count of driving while intoxicated as a felony. In full satisfaction of both instruments, defendant pleaded guilty to one count of aggravated driving while intoxicated (as charged in the indictment) and one count of driving while intoxicated as a felony (as charged in
the superior court information) with the understanding that he would be sentenced to consecutive terms of imprisonment of 2 to 7 years. Defendant further agreed to, and did, waive his right to appeal. County Court imposed the contemplated terms of imprisonment, and this appeal ensued.
We affirm. Defendant's challenge to the validity of his...
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People v. Sutton
...and prior to pleading guilty, that a waiver of the right to appeal was part of the plea bargain (see id. ; see also People v. Sahler, 168 A.D.3d 1313, 1314, 92 N.Y.S.3d 484 ).The Gilbert and Sahler cases actually demonstrate an additional reason why the defendant's purported appeal waiver i......
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People v. Guerrero
...and citation omitted], lvs denied 28 NY3d 1184, 1187, 52 N.Y.S.3d 711, 714, 75 N.E.3d 103, 106 [2017]; accord People v. Sahler, 168 A.D.3d 1313, 1314, 92 N.Y.S.3d 484 [2019] ; see People v. Inman, 177 A.D.3d 1167, 1167, 115 N.Y.S.3d 148 [2019] ), and the record as a whole otherwise reflects......
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People v. White
...review the waiver with counsel, understood the contents of the waiver and had no questions relative thereto (see People v. Sahler, 168 A.D.3d 1313, 1314, 92 N.Y.S.3d 484 [2019] ; People v. Mateo, 166 A.D.3d 1246, 1247, 87 N.Y.S.3d 736 [2018], lv denied 32 N.Y.3d 1207, 99 N.Y.S.3d 209, 122 N......
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People v. Inman
...advised during the plea colloquy, and before pleading guilty, that an appeal waiver was part of the bargain (see People v. Sahler, 168 A.D.3d 1313, 1314, 92 N.Y.S.3d 484 [2019] ; People v. Gilbert, 145 A.D.3d 1196, 1196, 43 N.Y.S.3d 556 [2016], lvs denied 28 N.Y.3d 1184, 1187, 52 N.Y.S.3d 7......