| People v Prince |
| 2016 NY Slip Op 05268 [141 AD3d 1103] |
| July 1, 2016 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, vEdward D. Prince, Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Susan C. Ministero of counsel), fordefendant-appellant.
Lori Pettit Rieman, District Attorney, Little Valley (Amber L. Kerling of counsel),for respondent.
Appeal from a judgment of the Cattaraugus County Court (Ronald D. Ploetz, J.),rendered July 7, 2014. The judgment convicted defendant, upon his plea of guilty, ofrape in the third degree and criminal contempt in the second degree.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea ofguilty of, inter alia, rape in the third degree (Penal Law § 130.25 [2]). Weagree with defendant that his waiver of the right to appeal is invalid because, based onCounty Court's statements at the plea proceeding, "defendant may have erroneouslybelieved that the right to appeal is automatically extinguished upon entry of a guilty plea"(People v Moyett, 7 NY3d892, 893 [2006]). We nevertheless conclude that the sentence of six months ofincarceration and 10 years of probation is not unduly harsh or severe. We note that theperiod of probation was required by law to be 10 years because rape in the third degree isa felony sexual assault within the meaning of section 65.00 (3) of the Penal Law(see § 65.00 [3] [a] [iii]). Present—Whalen, P.J., Peradotto,Lindley, DeJoseph and NeMoyer, JJ.