People v. Aguayo
Court Discusses Waiver of a Defendant’s Right to Appeal
The criminal defendant appealed his conviction related to two respective judgments for driving while intoxicated as a felony on one indictment and enterprise corruption and criminal possession of stolen property in the fourth degree on another indictment after pleading guilty and waiving his right to appeal. Later, the defendant wished to change his plea from guilty but was denied by the trial court. The defendant appealed the decision and whether his sentence was excessive.
The Appellant Division affirmed the decision of the lower court as a motion to withdraw a guilty plea was within the discretion of the court. There was no evidence to suggest that the defendant was coerced as the he made an intelligent decision on his own volition. Additionally, the defendant claimed that the voluntariness of his plea was a result of being denied effective legal assistance. But the appellate court was precluded from reviewing the circumstances of his assertion of being denied effective legal assistance. However, it was shown that the defendant received an advantageous plea and the defendant at the plea allocation stated that he was satisfied with the legal representation provided for him. The waiver of his right of appeal precluded the court from reviewing whether the sentence was excessive.
A Staten Island Criminal Attorney can assist with any matter associated with driving under the influence. A Queens County Criminal Lawyer knows how to act in your best interest and to protect your right to appeal. At Stephen Bilkis & Associates, we offer excellent legal services to assist you with your legal dilemmas to achieve the best results. Our offices are conveniently located throughout New York City and we offer free consultations.