TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: OCTOBER 11, 2018
The Appellate Division, Third Department has unanimously affirmed the June, 2014 conviction of Torjuan McClain, a/k/a Tyler James, a/k/a T.J., upon his plea of guilty convicting him of the crime of rape in the first degree.
Defendant’s conviction stems from an attack on a young homeless victim in Kingston’s Forsyth Park in June, 2013. After grabbing her by the throat, defendant forcibly raped her. Following his arrest, defendant pled guilty in the Ulster County Court (Donald A. Williams, J.) to rape in the first degree, a class B violent felony, in satisfaction of a three count indictment. As part of the plea agreement, he also waived his right to appeal.
Consistent with the terms of the plea agreement, defendant was sentenced to a 15 year State prison term to be followed by 20 years of postrelease supervision.
On appeal, defendant challenged the factual sufficiency of his plea allocution and the sufficiency of the evidence supporting his indictment. After concluding that his combined oral and written waiver was knowing and voluntary, the Appellate Division, Third Department determined that these claims were precluded by his valid waiver of appeal.
The Court also rejected defendant’s argument that his plea was not knowing, voluntary and intelligent because he was cognitively impaired.
On appeal, the defendant is represented by Theodore J. Stein, Esq. of Woodstock, New York. Assistant District Attorney Joan Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.