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.

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