FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: MAY 24, 2018
Defendant’s conviction stems from an incident in October, 2014 during which he punched the victim in the face in violation of an order of protection. As a result, he was sentenced to six months in the Ulster County Jail and five years probation and a no contact order of protection was issued in favor of the victim. Two months later, however, defendant was charged with aggravated criminal contempt, two counts, and sexual abuse in the third degree, two counts, related to the same victim and was also charged with violating the conditions of his probation. Defendant subsequently pled guilty to aggravated criminal contempt, waived his right to appeal and admitted that he had violated certain terms and conditions of his probation. Upon revoking his probationary sentence, County Court (Donald A. Williams, J.) sentenced defendant, a second felony offender, to one and one-third to four years on the violation of probation to be served consecutively to a three and one-half to seven year sentence for aggravated criminal contempt.
On appeal, the defendant argued that the waiver of appeal was not valid and further that the plea colloquy was insufficient to establish his guilt. The Appellate Division, Third Department, however, specifically concluded that defendant’s appeal waiver was valid and accordingly, his challenge to the sufficiency of the plea allocution related to the indictment was foreclosed.
On appeal, the defendant is represented by Donna Maria Lasher, Esq. of Youngsville, New York. Assistant District Attorney Carly Wolfrom, Esq. handled the appeal for the District Attorney’s Office.