People v. Thompson

Citation39 N.Y.S.3d 800 (Mem),143 A.D.3d 1007,2016 N.Y. Slip Op. 07041
Parties The PEOPLE, etc., respondent, v. Jonathan THOMPSON, appellant.
Decision Date26 October 2016
CourtNew York Supreme Court Appellate Division

143 A.D.3d 1007
39 N.Y.S.3d 800 (Mem)
2016 N.Y. Slip Op. 07041

The PEOPLE, etc., respondent,
v.
Jonathan THOMPSON, appellant.

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

Oct. 26, 2016.


Laurette Mulry, Riverhead, NY (Felice B. Milani of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Alfred J. Croce of counsel), for respondent.

143 A.D.3d 1007

Appeal by the defendant from a judgment of the County Court, Suffolk County (Kahn, J.), rendered November 17, 2014, convicting him of murder in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the record demonstrates

143 A.D.3d 1008

that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Sanders, 25 N.Y.3d 337, 341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Bernardini, 142 A.D.3d 671, 36 N.Y.S.3d 827 ). The defendant's

valid appeal waiver precludes review of his challenge to the factual sufficiency of his plea allocution to the charge of murder in the second degree (see People v. Conway, 140 A.D.3d 1185, 33 N.Y.S.3d 761 ; People v. DuChatellier, 138 A.D.3d 887, 28 N.Y.S.3d 332 ; People v. Pinero, 138 A.D.3d 763, 27 N.Y.S.3d 883 ).

The defendant's remaining contention, that his plea should be vacated because the County Court allowed the prosecutor to conduct a portion of the plea allocution, is without merit (see People v. Johnson, 140 A.D.3d 1188, 35 N.Y.S.3d 375 ; People v. Fowler, 111 A.D.3d 958, 958, 975 N.Y.S.2d 691 ; cf. People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). Accordingly, we affirm the judgment of conviction.

CHAMBERS, J.P., HALL, AUSTIN and SGROI, JJ., concur.

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  • People v. Ramos
    • United States
    • New York Supreme Court — Appellate Division
    • 29 d3 Agosto d3 2018
    ...plea allocution (see People v. Simpson, 152 A.D.3d 627, 627, 55 N.Y.S.3d 662 ; People v. Smith, 146 AD3d 904, 904 ; People v. Thompson, 143 A.D.3d 1007, 1008, 39 N.Y.S.3d 800 ). The defendant's contention that his plea was not knowing, voluntary, and intelligent survives his valid appeal wa......
  • People v. Hutter
    • United States
    • New York Supreme Court — Appellate Division
    • 11 d3 Outubro d3 2017
    ...right to appeal forecloses appellate review of his challenge to the factual sufficiency of his plea allocution (see People v. Thompson, 143 A.D.3d 1007, 39 N.Y.S.3d 800 ; People v. Pinero, 138 A.D.3d 763, 764, 27 N.Y.S.3d 883 ; People v. Devodier, 102 A.D.3d 884, 958 N.Y.S.2d 220 ). The def......
  • People v. Thomas
    • United States
    • New York Supreme Court — Appellate Division
    • 26 d3 Outubro d3 2016
    ...elicited testimony on redirect, including the driver's promise to testify truthfully as required by the cooperation agreement (see 143 A.D.3d 1007People v. Choi, 137 A.D.3d 808, 809, 26 N.Y.S.3d 333 ). Furthermore, the driver's grand jury testimony was properly used to refresh her recollect......
  • People v. Griffin
    • United States
    • New York Supreme Court — Appellate Division
    • 19 d3 Dezembro d3 2018
    ...People v. Mendoza, 153 A.D.3d 1364, 1364, 60 N.Y.S.3d 495 ; People v. Smith, 146 A.D.3d 904, 904, 44 N.Y.S.3d 771 ; People v. Thompson, 143 A.D.3d 1007, 1008, 39 N.Y.S.3d 800 ). The defendant's valid waiver of the right to appeal also precludes review of his contention that the sentence imp......
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