People v. Williams

CourtNew York Supreme Court Appellate Division
Citation126 N.Y.S.3d 440 (Mem),185 A.D.3d 1352
Docket Number110073
Parties The PEOPLE of the State of New York, Respondent, v. Christopher WILLIAMS, Appellant.
Decision Date30 July 2020

185 A.D.3d 1352
126 N.Y.S.3d 440 (Mem)

The PEOPLE of the State of New York, Respondent,
v.
Christopher WILLIAMS, Appellant.

110073

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

Calendar Date: June 26, 2020
Decided and Entered: July 30, 2020


Aaron A. Louridas, Delmar, for appellant.

David J. Clegg, District Attorney, Kingston (Joan Gudesblatt Lamb of counsel), for respondent.

Before: Egan Jr., J.P., Mulvey, Pritzker, Reynolds Fitzgerald and Colangelo, JJ.

MEMORANDUM AND ORDER

185 A.D.3d 1352

Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered December 14, 2017, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.

Defendant was charged by indictment with burglary in the

second degree after he stole property from a private residence to support his drug habit. He pleaded guilty to this crime and was required to waive his right to appeal. Thereafter, he was sentenced, in accordance with the terms of the plea agreement, to eight years in prison followed by five years of postrelease supervision. Defendant appeals.

We affirm. Contrary to his claim, defendant validly waived his right to appeal. The record discloses that County Court advised defendant of the trial-related rights that he was forfeiting by pleading guilty and clearly indicated that the right to appeal was separate and distinct from those rights, noting that waiving this right was part of the plea agreement (see People v. Schroeder, 181 A.D.3d 1095, 1095, 118 N.Y.S.3d 452 [2020] ; People v. Thacker, 173 A.D.3d 1360, 1360–1361, 102 N.Y.S.3d 764 [2019], lv denied 34 N.Y.3d 938, 109 N.Y.S.3d 730, 133 N.E.3d 434 [2019] ). Defendant communicated his understanding and then executed a written appeal waiver in open court after reviewing it with counsel and stated that he did not have any questions (see People v. Gumbs, 182 A.D.3d 701, 702, 122 N.Y.S.3d 746 [2020] ; People v. Barragan, ...

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8 cases
  • People v. Hemingway
    • United States
    • New York Supreme Court — Appellate Division
    • March 11, 2021
    ...1837–1838, 129 N.Y.S.3d 344 [2020], lvs denied 36 N.Y.3d 969, 970, 138 N.Y.S.3d 497, 162 N.E.3d 726 [2020] ; People v. Williams, 185 A.D.3d 1352, 1353, 126 N.Y.S.3d 440 [2020], lv denied 35 N.Y.3d 1116, 133 N.Y.S.3d 526, 158 N.E.3d 543 [2020] ). Defendant indicated that he understood the ra......
  • People v. Parker
    • United States
    • New York Supreme Court — Appellate Division
    • July 22, 2021
    ...and distinct from the trial-related rights that defendant was forfeiting by pleading guilty (see 150 N.Y.S.3d 333 People v. Williams, 185 A.D.3d 1352, 1353, 126 N.Y.S.3d 440 [2020], lv denied 35 N.Y.3d 1116, 133 N.Y.S.3d 526, 158 N.E.3d 543 [2020] ; People v. Bridge, 166 A.D.3d 1168, 1168, ......
  • People v. Parker
    • United States
    • New York Supreme Court
    • July 22, 2021
    ...waiver was separate and distinct from the trial-related rights that defendant was forfeiting by pleading guilty (see People v Williams, 185 A.D.3d 1352, 1353 [2020], lv denied 35 N.Y.3d 1116 [2020]; People v Bridge, 166 A.D.3d 1168, 1168 [2018], lv denied 32 N.Y.3d 1124 [2018]). Additionall......
  • People v. Parker
    • United States
    • New York Supreme Court
    • July 22, 2021
    ...waiver was separate and distinct from the trial-related rights that defendant was forfeiting by pleading guilty (see People v Williams, 185 A.D.3d 1352, 1353 [2020], lv denied 35 N.Y.3d 1116 [2020]; People v Bridge, 166 A.D.3d 1168, 1168 [2018], lv denied 32 N.Y.3d 1124 [2018]). Additionall......
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