valid waiver of the right to appeal, which included a waiver
of the right to challenge both the “conviction and sentence.” Myers had offered to pay a man to kill his estranged wife.
His attorney later maintained that the plea was not knowingly, voluntarily, and intelligently entered. In a one-page decision, the Appellate Division, Fourth Judicial Department said 'it rejected that contention.'
In its ruling, issued Friday, the Court said:
"Defendant failed to preserve for our review his challenge to
the plea on the ground that it was not knowingly, voluntarily, and
intelligently entered, and we reject his contention that this case falls within
the rare exception to the preservation requirement set forth in People v Lopez
(71 NY2d 662, 666 [1988]). Contrary to defendant’s contention, because he was indicted
on a count of attempted murder in the first degree (§§ 110.00, 125.27 [1] [a]
[vi]), which is a class A-I felony (see § 110.05 [1]), his plea was required to
include a plea of guilty to at least a class C violent felony offense."
Myers is serving a ten year prison sentence. His first parole hearing will be November 2023. He'll be 78.
Myers is serving a ten year prison sentence. His first parole hearing will be November 2023. He'll be 78.
