People v. Provost

Summary

The Appellate Division, Third Department, affirmed the judgment convicting Media Provost IV, upon a guilty plea, of criminal sexual act in the first degree and imposing the agreed-upon sentence. The court held that the defendant's combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary, thereby precluding his challenge to the severity of the sentence.

Holdings

1. Defendant's combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary.
2. County Court's brief statement at sentencing regarding the finality of the conviction did not invalidate defendant's appeal waiver.
3. The alleged failure to advise defendant before his guilty plea of the range of fines that could be imposed did not affect the validity of his appeal waiver.
4. Because the appeal waiver was valid, defendant's challenge to the severity of his sentence was precluded.

Questions Presented

1. Whether defendant's combined oral and written waiver of the right to appeal was knowing, intelligent, and voluntary.
2. Whether County Court's sentencing statement regarding the finality of the conviction invalidated the appeal waiver.
3. Whether the court's failure to advise defendant before his guilty plea of the range of fines that could be imposed affected the validity of the appeal waiver.
4. Whether the valid appeal waiver precluded defendant's challenge to the severity of his sentence.

Disposition

affirmed