PRESS RELEASE
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JULY 21, 2016
The
Appellate Division, Third Department has today unanimously affirmed the
February 25, 2014 conviction of Robert Lunan upon a plea of guilty convicting
him of the crime of grand larceny in the fourth degree, a class E felony.
Defendant’s
conviction stems from a series of thefts which occurred first in the Town of
Ulster in July, 2013 and then in the Town of Esopus in August, 2013. During that time period, the defendant stole
rims, tires and a tailgate from cars parked in the Romeo Chevrolet lot and, a
month later, stole a variety of items from a vacant dwelling in the Town of
Esopus.
Pursuant
to a negotiated plea agreement, defendant, a second felony offender, waived
indictment and pled guilty to grand larceny in the fourth degree as charged in
a superior court indictment in exchange for the maximum indeterminate sentence
of two to four years and restitution in the amount of $1,500. On February 25, 2014, the defendant was
sentenced by County Court Judge Donald Williams to the agreed upon term of
imprisonment.
On
appeal, defendant challenged the waiver of appeal which he executed as part of
the plea agreement and argued that his plea was not knowingly and voluntarily
given. While the Appellate Division,
Third Department concluded that defendant’s waiver of appeal was in fact
invalid, it found defendant’s challenge to the voluntariness of his plea
unpreserved for review.
On
appeal, the defendant is represented by Barrett D. Mack, Esq. of Albany, New
York. Assistant District Attorney Joan
Gudesblatt Lamb, Esq. handled the appeal for the District Attorney’s Office.
