People v. Sommers
| Decision Date | 30 June 2016 |
| Citation | 2016 N.Y. Slip Op. 05195,140 A.D.3d 1537,33 N.Y.S.3d 789 (Mem) |
| Parties | The PEOPLE of the State of New York, Respondent, v. Neal D. SOMMERS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
140 A.D.3d 1537
33 N.Y.S.3d 789 (Mem)
2016 N.Y. Slip Op. 05195
The PEOPLE of the State of New York, Respondent,
v.
Neal D. SOMMERS, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
June 30, 2016.
Thomas F. Garner, Middleburgh, for appellant.
James E. Conboy, District Attorney, Fonda (Pamela A. Ladd of counsel), for respondent.
Before: LAHTINEN, J.P., ROSE, LYNCH, CLARK and AARONS, JJ.
LYNCH, J.
Appeal from a judgment of the County Court of Montgomery County (Catena, J.), rendered January 5, 2015,
convicting defendant upon his plea of guilty of the crime of rape in the first degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to rape in the first degree, and his plea included the waiver of the right to appeal. County Court thereafter imposed the agreed-upon sentence of 12 years in prison to be followed by 10 years of postrelease supervision. Defendant appeals.
We affirm. Contrary to defendant's contention, he validly waived the right to appeal his conviction and sentence. County Court distinguished the right to appeal from the rights automatically forfeited by a guilty plea, and defendant acknowledged that he understood and was voluntarily waiving his right (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; People v. Rubio, 133 A.D.3d 1041, 1042, 20 N.Y.S.3d 666 [2015] ). Defendant also signed a written waiver that explained the appeal waiver and indicated that counsel had discussed its ramifications with him (see People v. Clark, 135 A.D.3d 1239, 1239–1240, 23 N.Y.S.3d 481 [2016], lv. denied 27 N.Y.3d 995, ––– N.Y.S.3d ––––, ––– N.E.3d –––– [2016] ; People v. Fate, 117 A.D.3d 1327, 1328, 986 N.Y.S.2d 672 [2014], lv. denied 24 N.Y.3d 1083, 1 N.Y.S.3d 10, 25 N.E.3d 347 [2014] ). Defendant's valid appeal waiver precludes our review of his claim that his sentence is harsh and excessive (see People v. Smith, 136 A.D.3d 1107,...
To continue reading
Request your trial
-
People v. Herbert
...postallocution motion (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ; People v. Sommers, 140 A.D.3d 1537, 1538, 33 N.Y.S.3d 789 [2016], lv. denied 28 N.Y.3d 974, 43 N.Y.S.3d 262, 66 N.E.3d 8 [2016] ), we exercise our interest of justice jurisdiction to ......
-
People v. Williams
...leading up to sentencing (see People v. Conceicao, 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ; People v. Sommers, 140 A.D.3d 1537, 1538, 33 N.Y.S.3d 789 [2016], lv. denied 28 N.Y.3d 974, 43 N.Y.S.3d 262, 66 N.E.3d 8 [2016] ; People v. Walker, 135 A.D.3d 1244, 1245, 23 N.Y.S.......
-
People v. Glover
...for appellate review (see People v. Conceicao , 26 N.Y.3d 375, 382, 23 N.Y.S.3d 124, 44 N.E.3d 199 [2015] ; People v. Sommers , 140 A.D.3d 1537, 1538, 33 N.Y.S.3d 789 [2016], lv denied 28 N.Y.3d 974, 43 N.Y.S.3d 262, 66 N.E.3d 8 [2016] ).1 Although defendant requests that we take corrective......
-
People v. Glover
...A.D.3d 1045 withdrew said motion (see People v. Peque, 22 N.Y.3d 168, 182, 980 N.Y.S.2d 280, 3 N.E.3d 617 [2013] ; People v. Sommers, 140 A.D.3d 1537, 1538, 33 N.Y.S.3d 789 [2016], lv denied 28 N.Y.3d 974, 43 N.Y.S.3d 262, 66 N.E.3d 8 [2016] ).1 Defendant nevertheless asks this Court to exe......