People v. Snare

• Decision Date: 25 July 2019
• Docket Number: 109334
• Citation: 102 N.Y.S.3d 902 (Mem),174 A.D.3d 1222
• Parties: The PEOPLE of the State of New York, Respondent, v. Mark SNARE, Appellant.
• Court: New York Supreme Court — Appellate Division

174 A.D.3d 1222
102 N.Y.S.3d 902 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Mark SNARE, Appellant.

109334

Supreme Court, Appellate Division, Third Department, New York.

Calendar Date: June 3, 2019
Decided and Entered: July 25, 2019

Timothy S. Brennan, Schenectady, for appellant.

Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.

Before: Garry, P.J., Lynch, Clark, Devine and Aarons, JJ.

MEMORANDUM AND ORDER

Garry, P.J.

174 A.D.3d 1222

In full satisfaction of a seven-count indictment and potential future charges brought against defendant for any prior burglaries that he might have allegedly committed in Schenectady County between

102 N.Y.S.3d 903

March 10, 2014 and January 6, 2015, defendant pleaded guilty to burglary in the first degree and executed a waiver of the right to appeal, orally and in writing. Consistent with the terms of the plea agreement, defendant was sentenced, as a persistent violent felony offender, to a prison term of 20 years to life. Defendant appeals.

We affirm. The record reflects that, at the outset of the plea proceeding, County Court advised defendant that the waiver of the right to appeal was a condition of the plea agreement, and defendant acknowledged his understanding of the plea agreement and its terms (see People v. Cherry, 166 A.D.3d 1220, 1221, 86 N.Y.S.3d 355 [2018] ; 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] ; 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 711, 75 N.E.3d 103 [2017] ). County Court then advised defendant that his right to appeal was "separate and apart" from the trial-related rights automatically forfeited by his guilty plea, and defendant acknowledged that he understood the nature of the waiver and that he was voluntarily waiving his right to appeal the conviction and agreed-upon sentence

174 A.D.3d 1223

(see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Rogers, 162 A.D.3d 1410, 1410, 75 N.Y.S.3d 923 [2018] ; People v. Tucker, 161 A.D.3d 1481, 1482, 78 N.Y.S.3d 450 [2018], lv denied 31 N.Y.3d 1153, 83 N.Y.S.3d 435, 108 N.E.3d 509 [2018] ; People v. Stein, 161 A.D.3d 1389, 1390, 77 N.Y.S.3d 579 [2018] ). Defendant, after consulting with counsel, also signed a written waiver of appeal in open court — which adequately described the nature and scope of the appellate rights being waived and stated, among other things, that defendant was waiving his right to appeal in consideration of the plea agreement — and County Court confirmed that he had no questions about the written waiver (see People v. Johnson, 170 A.D.3d 1274, 1275, 95 N.Y.S.3d 467 [2019] ; People v. Watkins, 166 A.D.3d 1239, 1240, 88 N.Y.S.3d 281 [2018], lv denied 33 N.Y.3d 955, 100 N.Y.S.3d 179, 123 N.E.3d 838 [2019] ; People v. Stein, 161 A.D.3d at 1390, 77 N.Y.S.3d 579 ). Accordingly, we find that defendant's combined oral and written waiver of appeal was...