People v. Watkins
| Decision Date | 15 November 2018 |
| Docket Number | 109186 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Lloyd A. WATKINS, Appellant. |
| Court | New York Supreme Court — Appellate Division |
166 A.D.3d 1239
88 N.Y.S.3d 281
The PEOPLE of the State of New York, Respondent,
v.
Lloyd A. WATKINS, Appellant.
109186
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: October 16, 2018
Decided and Entered: November 15, 2018
Rural Law Center of New York, Castleton (Kristin A. Bluvas of counsel), for appellant.
Jason M. Carusone, District Attorney, Lake George (Rebecca Nealon of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Clark, Mulvey and Rumsey, JJ.
MEMORANDUM AND ORDER
Clark, J.
In satisfaction of two superior court informations and certain other uncharged offenses, defendant pleaded guilty to two counts of sexual abuse in the first degree and waived his right to appeal, orally and in writing. At sentencing, County Court — after considering various letters of support and defendant's cognitive limitations as set forth by a treating psychologist — denied defendant's request to be adjudicated a youthful offender based upon the seriousness of the charges, the number of victims and the fact that defendant was on probation for similar conduct at the time the crimes were committed. The court thereafter sentenced defendant in accordance with the plea agreement to concurrent prison terms of six years, followed by five years of postrelease supervision. Defendant appeals.
We affirm. Contrary to defendant's contention, the plea colloquy establishes that he knowingly, voluntarily and intelligently waived his right to appeal. The record reflects that County Court repeatedly explained that the waiver of the right to appeal was separate and distinct from the rights that defendant would be
forfeiting by pleading guilty, and that defendant stated more than once that he understood. In addition, defendant reviewed the written appeal waiver with his counsel, executed it in open court and affirmed that he understood its consequences. As we find defendant's appeal waiver to be valid, review of his claim that his sentence is harsh and excessive is precluded (see ...
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...among other things, that he was waiving his right to appeal in consideration of the plea agreement (see 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 WL 1579681 [Mar. 19, 2019] ; People v. Stein, 161 A.D.3d ......
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...in consideration of the plea agreement (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] ). Although defendant's contention that County Co......
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...the valid appeal waiver, defendant's claim that the sentence imposed was harsh and excessive is precluded (see People v. Watkins, 166 A.D.3d 1239, 1240, 88 N.Y.S.3d 281 [2018] ). To the extent that defendant challenges the voluntariness of his plea, this argument, as well as his related ine......