People v. Thaxton

Summary

The New York Appellate Division, Third Department affirmed a judgment convicting Karim Thaxton, upon his guilty plea, of criminal sale of a controlled substance in the third degree. The court held that Thaxton knowingly and voluntarily waived his right to appeal, foreclosing his sentence challenge, and that defense counsel's statement regarding the motion to withdraw the plea did not create an actual conflict requiring assignment of new counsel.

Holdings

1. The waiver of defendant's right to appeal was valid because the court explained that the waiver was separate and distinct from the rights automatically forfeited by the guilty plea, and defendant also executed a comprehensive written waiver after reviewing it with counsel.
2. County Court did not err by failing to assign new counsel because counsel's statement that he did not necessarily agree with the affidavit did not affirmatively undermine defendant's assertions or amount to an adverse position creating an actual conflict of interest.

Questions Presented

1. Whether defendant's waiver of the right to appeal was knowing, voluntary, and intelligent.
2. Whether the valid appeal waiver foreclosed defendant's challenge to the harshness of the agreed-upon sentence.
3. Whether defense counsel's statement that he did not necessarily agree with the affidavit supporting defendant's motion to withdraw his guilty plea created an actual conflict requiring assignment of new counsel.

Disposition

affirmed