PEOPLE v. ALLEN

111218.

199 A.D.3d 1127 (2021)

154 N.Y.S.3d 283

2021 NY Slip Op 06115

The People of the State of New York, Respondent, v. Donald B. Allen, Appellant.

Appellate Division of the Supreme Court of New York, Third Department.

Decided November 10, 2021.


Attorney(s) appearing for the Case

Rural Law Center of New York, Castleton ( Keith F. Schockmel of counsel), for appellant.

Patrick A. Perfetti , District Attorney, Cortland, for respondent.

Garry, P.J., Egan Jr., Lynch, Pritzker and Colangelo, JJ., concur.


In satisfaction of a nine-count indictment, defendant pleaded guilty to the reduced charge of attempted rape in the first degree and purportedly waived his right to appeal. County Court sentenced defendant, in accordance with the plea agreement, to a prison term of seven years followed by 10 years of postrelease supervision. Defendant appeals.

Defendant contends that his waiver of the right to appeal is invalid and, therefore, his challenge to the severity of the...

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