People v. Williams
| Decision Date | 06 December 2018 |
| Docket Number | 109130 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Melchizekek WILLIAMS, Also Known as Melchizedek Williams and Mel Williams, Appellant. |
| Court | New York Supreme Court — Appellate Division |
167 A.D.3d 1084
89 N.Y.S.3d 440
The PEOPLE of the State of New York, Respondent,
v.
Melchizekek WILLIAMS, Also Known as Melchizedek Williams and Mel Williams, Appellant.
109130
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: October 26, 2018
Decided and Entered: December 6, 2018
G. Scott Walling, Slingerlands, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Devine, Mulvey and Rumsey, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the County Court of Schenectady County (Sira, J.), rendered December 8, 2016, convicting defendant upon his plea of guilty of the crime of attempted burglary in the second degree and criminal mischief in the fourth degree.
As a result of a domestic altercation that occurred in December 2015, defendant was charged in an eight-count indictment with burglary in the second degree, criminal mischief in the fourth degree (two counts), criminal obstruction of breathing and endangering the welfare of a child (four counts). In full satisfaction of these charges, defendant pleaded guilty to a reduced charge of attempted burglary in the second degree and one count of criminal mischief in the fourth degree and executed a waiver of appeal. In accordance with the terms of the plea agreement, County Court thereafter sentenced defendant, as a second violent felony offender, to an aggregate six-year prison term, to be followed by five years of postrelease supervision. Defendant now appeals.
We affirm. Initially, we reject defendant's contention that his waiver of the right to appeal was not knowing, intelligent and voluntary. At the outset of the plea proceeding, defendant was advised that a waiver of the right to appeal was a condition of the plea agreement, and defendant verbalized his understanding of the terms of that agreement (see People v. Chaney, 160 A.D.3d 1281, 1282, 76 N.Y.S.3d 257 [2018], lv denied 31 N.Y.3d 1146, 83 N.Y.S.3d 427, 108 N.E.3d 501 [2018] ; People v. Gagnon, 153 A.D.3d 1451,...
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People v. Greene
...of the plea agreement, and defendant verbalized his understanding of the terms of that agreement (see People v. Williams, 167 A.D.3d 1084, 1084–1085, 89 N.Y.S.3d 440 [2018], lv denied 32 N.Y.3d 1211, 99 N.Y.S.3d 225, 122 N.E.3d 1138 [2019]; People v. Cherry, 166 A.D.3d 1220, 1221, 86 N.Y.S.......
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...it in open court (see People v. Bradshaw , 18 N.Y.3d 257, 264–265, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ; People v. Williams , 167 A.D.3d 1084, 1085, 89 N.Y.S.3d 440 [2018], lvs denied 32 N.Y.3d 1211, 99 N.Y.S.3d 225, 122 N.E.3d 1138 [Feb. 7, 2019]; People v. McClain , 165 A.D.3d 1345, 1......
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