People v. Simon
| Decision Date | 30 June 2016 |
| Citation | 33 N.Y.S.3d 788 (Mem),140 A.D.3d 1533,2016 N.Y. Slip Op. 05191 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Kyle E. SIMON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
140 A.D.3d 1533
33 N.Y.S.3d 788 (Mem)
2016 N.Y. Slip Op. 05191
The PEOPLE of the State of New York, Respondent,
v.
Kyle E. SIMON, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
June 30, 2016.
Susan Patnode, Rural Law Center of New York, Castleton (George J. Hoffman of counsel), for appellant.
Mary E. Rain, District Attorney, Canton (Marquetta Christy of counsel), for respondent.
Before: McCARTHY, J.P., GARRY, LYNCH, DEVINE and AARONS, JJ.
AARONS, J.
Appeal from a judgment of the County Court of St. Lawrence County (Richards, J.), rendered August 12, 2014, convicting defendant upon his plea of guilty of the crime of attempted rape in the second degree.
Defendant pleaded guilty to the reduced charge of attempted rape in the second degree and waived his right to appeal.
County Court agreed to place defendant on interim probation for one year, at which point the court would consider youthful offender status and impose a sentence. Prior to the sentencing date, the Probation Department submitted a notification of violation of interim probation which, among other things, detailed various alleged violations of conditions of interim probation by defendant, including his positive test result for alcohol use, failure to report to probation and leaving the jurisdiction without permission. Thereafter, County Court found that defendant failed to comply with all the terms of his interim probation, declined to adjudicate him a youthful offender and sentenced him to six months in jail followed by 10 years of probation. Defendant appeals.
We affirm. Contrary to defendant's contention, his waiver of the right to appeal was valid (see People v. McKenzie, 136 A.D.3d 1120, 1121, 25 N.Y.S.3d 406 [2016], lv. denied 27 N.Y.3d 1002, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016] ). The record reflects that County Court advised defendant that the waiver of the right to appeal was separate and distinct from...
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