State of New York County Court: County of Tompkins WAIVER OF APPEAL Ind. No. 16-0153 Having been advised at the time of my plea by my counsel and the Court of my right to appeal from the entered on )lfgn?d 2018 to the following crime: 0 Manslaughter in the First Degree in violation of Penal Law a class violent felony; and 0 Menacing a Police Of?cer in violation of Penal Law ?120.l8, a class violent felony And having been advised that the appeal must be taken within thirty days from the judgment, the manner of instituting an appeal, of obtaining a transcript of the testimony and of my right to request the appellate court to assign counsel to prosecute my appeal; I HEREBY WAIVE MY RIGHT TO APPEAL. I have reviewed the terms and conditions of the plea memorandum with my counsel and with the court. I understand the plea and sentence that is outlined in that agreement. I understand that I have a right to appeal that is separate and distinct from those rights that are automatically forfeited upon a plea of guilty. I understand that although I ordinarily would retain the right to an appeal even after pleading guilty, I am being offered a particular plea as set forth in the plea memorandum on the condition that I give up my right to appeal. I hereby intentionally and voluntarily give up all rights of appeal, including but not limited to any right of appeal regarding my plea allocution and/or my sentence. I have reviewed my case with my attorney and am satis?ed with the services of my attorney. I have agreed to plead guilty because of the strength of the Pe0p1e?s case. I have discussed defenses with my attorney and he has explained the consequences of this guilty plea to me. I understand that the Judge in this case could have made mistakes in judicial rulings made so far and could make mistakes on rulings in the event that this case goes to trial. I have discussed the possibility of udicial error with my attorney and I hereby give up any rights of appeal with respect to judicial rulings made during the course of this case. I have read this waiver and, by initialing below, acknowledge the following: I have had sufficient time to discuss this waiver with my attorney, and I understand I am waiving rights that I would otherwise retain even after pleading guilty, and HEREBY WAIVE MY RIGHT TO APPEAL Dated: I M, 2018 Justin y, Defendant er Dumas, A mey for Defendant tattoo State of New York County Court County of Tompkins The People of the State of New York Plea Memorandum vs. Justin R. Barkley, Ind. No. 16-0153 Defendant Agreed Plea: Defendant will plead guilty to the following: Manslaughter in the First Degree in violation of Penal Law a class violent felony, which carries a maximum sentence of 25 years determinate with 5 years post- release supervision. This is a reduced charge to Count 1 of the indictment. Menacing a Police Of?cer in violation of Penal Law ?120.18, a class violent felony, which carries a maximum sentence of 8 years determinate with 3 years of post-release supervision. This plea is in full satisfaction of the indictment. The Pe0ple will recommend the following: 0 25 years determinate incarceration plus 5 years of post-release supervision on Manslaughter to run concurrently; - 8 years determinate incarceration plus 3 years of post-release supervision on Menacing a Police Of?cer, to run concurrently; Restitution to be determined by the Probation Dept - capped at $3,000.00; and Mandatory surcharges/fees. Defendant will recommend the following: 0 Same as above per a arrar conditional plea. Admission of Guilt: At the time of the plea defendant will admit guilt and will describe for the Court how he committed the crime(s). Ri ts waived with il lea. Defendant acknowledges that by entering a guilty plea, he is waiving certain rights. Amongst those rights are: 0 The right to trial by jury, and The right to confront his accusers, and The privilege against self-incrimination. Waiver of Motions Appeal: Defendant waives the right to pursue any pending or possible motions, waives the right to appeal, and waives the right to bring any post-judgment motions. This waiver is intended to be as broad as the law allows and encompasses all issues arising ?om this criminal proceeding. CPL 710.30 Timeframe waiver: Defendant agrees that, as a condition of this agreement, he waives his statutory right to notices as required by CPL 710.30 within 15 days of arraignment. The People?s obligation to ?le Notices under CPL 710.30 within 15 days will commence upon defendant?s written noti?cation to the Court and the District Attomey?s of?ce that he is electing to proceed to trial rather than plead guilty as outlined herein. Interim Conditions: Defendant agrees to the following conditions that will go into effect when the guilty plea is entered and will remain in effect until sentence is imposed. If any of these conditions is violated, then the guilty plea will remain in effect, but neither the Court nor the District Attorney will be bound by any sentencing limitations stated herein or during the plea allocution, and the Court will be free to impose any legal sentence up to and including the maximum. Condition: Answer truth?zlly. Defendant agrees to answer truthfully all questions asked by the Court (including questions asked in court during the guilty plea allocution), and to answer truthfully all questions asked by members of the Probation Department (see PeOple Hicks, 98 185). The People agree that defendant?s answers will not be used as evidence against defendant in the prosecution of any new charges, except that defendant may be prosecuted for perjury or any crimes of false statement he may commit by giving false answers. Condition: Make scheduled appearances. Defendant must appear in court for sentencing as scheduled, and must appear at the Probation Department for any scheduled appointments; provided, however, that defendant will be free to argue that any failure to appear was involuntary. Condition: No new crimes. Defendant must not be arrested for any new crime committed after the guilty plea is entered; provided, however, that defendant will be free to argue that any such arrest is without foundation (see People Outley, 80 702). Condition: Comply with any conditions of interim probation. If the Court should place defendant on interim probation pending sentencing (see CPL defendant shall comply with all conditions of that probation. Bail Pending Sentencing; The parties will recommend that the current securing order be continued pending sentencing. Restitution: Defendant agrees to pay restitution in the amount to be determined by the Probation Department but capped at $3,000.00. Defendant has seen proof satisfying him that the victim(s) have been injured in said amount, and agrees that this plea memorandum constitutes a ?statement? within the meaning of CPL 400.30(3) and Penal Law 6027(2), admitting the amount due. Defendant agrees that the Court may base a restitution ?nding on this statement, and waives any further hearing on the question of restitution. Waiver of Speedy Trial: Defendant agrees that signing this plea memo acts as a waiver of his right to be tried within six months of the arrest associated with these charges under CPL ?30.30. This waiver will remain in effect until such time as the defendant noti?es both the Court and the PeOple in writing of its revocation. This waiver remains valid regardless of whether the plea contemplated in this memo occurs. Revocation: This agreement can be revoked by either side until the plea is actually entered in court, and if revoked, this agreement shall not be used against defendant in any way. Dated: uary ,2018 1? [If - - liza' . 'ilipows Justin R. Peter Dum ,Esq. Distri Attorney?s Of?ce Defendant Defense Counsel KC: 9H9 Dum?oo DP . . - . one: [1222 .. co COURT . Indictment No. No. 20/11 ?Q/j8011.11) 111?! . (.1 People of the State of New York 1 - - - Cler Mali?14450? . . . Re .MM 4457; PO er Pros cutor 24' (j I (DI/k376i Informed of rights( Van Hmf'tn Waived jury trial Atto . ey bumub Waived r1ght to appeal judgment of conv1ction (/Admits allegations (.4 Date . . 1? . . . Pleads Guilty to: 451 /cu, 5 [MU/me! P?k?f l?el/ as charged reduced in sat1sfaction Remarks: (Include recommendation or agreements) ?to 11 V1 OmmA . 35. 5 on ansIn? kct? (or: r74 0k. /.41 .L Aff? 13500?, 01/45 1/ 7.707" 73mad/172m. . A. I Adjourned Date: 8 3 3 Pre Sentence Invetigation 67014:? 4/4 Custody Status: ~me 1/4 .0 {510/ Def 8 Address: Telephone: .1503 . DISPOSITION Date: 4% . Indiptment'quscr N6, 20/11 12/53 . PRES NT: NYSID no1&1 People of the State of New York . . - Cler ?2 [12231,Uf. - Hemmer?Mg Pros onto: El?i?? Ft]: p?vj?loi COURT Informed Of rights Maw (/ah Hm?tn Waived jury trial Attc ey ?Pt'T-cr' bumwb Waived right to appeal judgment of conviction (w/Admits allegations (x4- Defe Pleads Guilty to: 4th [m 57? {Mu/mm PWJV 1, 14?} . . - . as. charged . reduced in satisfaction Remarks: (Include recommendation or agreements) h: mama; 25 Arr-+7?29 an mw as a. . 1300030 1/45 1/ 770YedW?f/ Wilt I . C. Adjourned Date: 8 3 are Sentence Invetigation Custody Status: Utmth .0 gnu/l Def's Address: . Telephone: .1503