A New York State Appellate court has rejected a claim filed on behalf of a man convicted in Allegany County court. An attorney for Dyllan M. Coats sought relief after Judge Thomas Brown sentenced him to 5-6 years in state prison. On
July 21, 2016 Coats was convicted upon his
plea of guilty, of grand larceny in the fourth degree, criminal possession of
stolen property in the fourth degree and burglary in the second degree. In a press release, the High Court said "
w
e agree with defendant that his waiver of the right to
appeal is not valid…. Nevertheless, we affirm." Defendant’s contention that
counts of the superior court information were improperly joined in a single accusatory
instrument does not survive his plea of guilty inasmuch as “[a] guilty plea
generally results in a forfeiture of the right to appellate review of any non-jurisdictional
defects in the proceedings.” The Appellate Court ruled that "the sentence is not unduly harsh or severe." Coats is currently serving his sentence at the Marcy Correctional facility. His earliest release date is November 21, 2020.
