People v. Wood
| Decision Date | 24 May 2018 |
| Docket Number | 107795 |
| Citation | 77 N.Y.S.3d 763,161 A.D.3d 1447 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Ronald WOOD, Appellant. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 1447
77 N.Y.S.3d 763
The PEOPLE of the State of New York, Respondent,
v.
Ronald WOOD, Appellant.
107795
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: April 25, 2018
Decided and Entered: May 24, 2018
Donna Maria Lasher, Youngsville, for appellant.
D. Holley Carnright, District Attorney, Kingston (Carly Wolfrom of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Aarons and Rumsey, JJ.
MEMORANDUM AND ORDER
Clark, J.
Appeal from a judgment of the County Court of Ulster County (Williams, J.), rendered June 3, 2015, (1) convicting defendant upon his plea of guilty of the crime of aggravated criminal contempt, and (2) which revoked defendant's probation and imposed a sentence of imprisonment.
In October 2014, defendant waived indictment, agreed to be prosecuted by a superior court information charging him with criminal contempt in the first degree, waived his right to appeal and pleaded guilty to that charge, admitting that he punched the victim in the face in violation of an order of protection. In exchange, County Court imposed a split sentence of six months in jail and five years of probation and issued a no-contact order of protection in favor of the victim. Two months later, defendant was charged by indictment with aggravated criminal contempt (two counts) and sexual abuse in the third degree (two counts) related to the same victim. As a result, defendant was also charged with violating the conditions of his probation. Under the terms of a plea agreement resolving all charges in the indictment and the probation violation petition, defendant pleaded guilty to aggravated criminal contempt under count one of the indictment, waived his right to appeal and admitted that he violated certain enumerated conditions of his probation. At sentencing, County Court determined that defendant had violated the conditions of the plea agreement by failing to truthfully answer questions during his probation interview, which defendant conceded, thereby waiving a hearing on the matter. The court thereafter sentenced defendant on the violation of probation to an enhanced sentence of 1? to 4 years in prison,1 to be served consecutively to the agreed-upon sentence of 3½ to 7 years on the indictment, as an admitted second felony offender. A no-contact order of protection was issued in favor of the victim. Defendant appeals.2
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People v. Greene
...we find that defendant's combined oral and written waiver of appeal was knowing, intelligent and voluntary (see People v. Wood, 161 A.D.3d 1447, 1448, 77 N.Y.S.3d 763 [2018] ; People v. Baxter, 154 A.D.3d 1010, 1011, 60 N.Y.S.3d 855 [2017] ). In light of the valid appeal waiver, defendant's......
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People v. Williams
...212, 214, 32 N.Y.S.3d 17, 51 N.E.3d 528 [2016] ; People v. Conley, 161 A.D.3d 1486, 1487, 77 N.Y.S.3d 772 [2018] ; People v. Wood, 161 A.D.3d 1447, 1448, 77 N.Y.S.3d 763 [2018] ). Even assuming that certain postplea statements made by defendant implicated the voluntariness of his plea and t......
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People v. Cherry
...we find that defendant's combined oral and written waiver of appeal was knowing, intelligent and voluntary (see People v. Wood, 161 A.D.3d 1447, 1448, 77 N.Y.S.3d 763 [2018] ; People v. Baxter, 154 A.D.3d 1010, 1011, 60 N.Y.S.3d 855 [2017] ). Given defendant's valid waiver of appeal, he is ......
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People v. Muller, 109222
...unpreserved for our review as the record does not reflect that he made an appropriate postallocution motion (see People v. Wood , 161 A.D.3d 1447, 1449, 77 N.Y.S.3d 763 [2018] ; People v. Edwards , 160 A.D.3d 1280, 1281, 75 N.Y.S.3d 663 [2018], lv denied 31 N.Y.3d 1147, 83 N.Y.S.3d 428, 108......