People v. McNerney

── People v. McNerney ── Court: Appellate Division of the Supreme Court of the State of New York Date: May 21, 2026 Category: General <div>People v McNerney - 2026 NY Slip Op 03205 <div> skip to main content </div> <div> <p>It appears you are using Adblock. Please disable Adblock to best experience our website.</p> </div> <div> <header> <div> <img src="/reporter/images/nys-logo-white.svg" alt=""> </div> <div> <span title="Law Reporting Bureau Home Page">Law Reporting <br>Bureau <span></span></span> <span>Thomas J.K. Smith, State Reporter</span> <nav> Court Decisions Resources About </nav> </div> <div> <img src="/reporter/images/lrb-seal.png" alt=""> </div> </header> </div> <nav> <ol> <li>Home</li> <li>All Court Decisions</li> <li>Decisions</li> </ol> </nav> <div> <div> <h1>People v McNerney</h1> <p>2026 NY Slip Op 03205</p> <p>May 21, 2026</p> <p>Appellate Division, Third Department</p> <p>Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.</p> <p>This decision is uncorrected and subject to revision before publication in the Official Reports.</p> </div> <div> <p>The People of the State of New York, Respondent,</p> <p>v</p> <p>Terry L. McNerney Jr., Appellant.</p> </div> <p>Decided and Entered:May 21, 2026</p> <p>CR-23-1160</p> <p>Calendar Date: April 17, 2026</p> <p>Before: Garry, P.J., Clark, Reynolds Fitzgerald, Corcoran And Ryba, JJ.</p> <div> <p>Rebekah Nellis Kennedy, Loudonville, for appellant.</p> <p>F. Paul Battisti, District Attorney, Binghamton (Mary E. Saitta of counsel), for respondent.</p> </div> <span>[*1]</span> <p>Appeal from a judgment of the County Court of Broome County (Joseph Cawley, J.), rendered March 7, 2022, convicting defendant upon his plea of guilty of the crime of attempted criminal possession of a controlled substance in the third degree.</p> <p>In satisfaction of a superior court information, defendant pleaded guilty to attempted criminal possession of a controlled substance in the third degree and agreed to waive his right to appeal, upon the understanding that he would be sentenced to time served and five years of probation. Prior to his release pending sentencing, County Court admonished defendant that it would not be bound by the sentencing commitment if he were to "test positive for any controlled substances" and that he would be drug tested upon his return to court. Defendant was further advised of the maximum term of incarceration he could face with a positive drug test, and the matter was adjourned. Defendant subsequently returned to court and tested positive for controlled substances. County Court advised defendant that it was no longer bound by the sentencing commitment and, thereafter, sentenced defendant, as a second felony offender, to an enhanced prison term of four years, to be followed by three years of postrelease supervision. Defendant appeals.</p> <p>We affirm. Preliminarily, defendant argues that his appeal waiver should be declared void as against public policy, but it is well settled that " 'waiving one's right to appeal as part of a plea agreement is not inherently coercive or against public policy' " (<i>People v Anthony</i>, 246 AD3d 1152, 1153 [3d Dept 2026] [brackets omitted], quoting <i>People v Galietta</i>, 75 AD3d 753, 754 [3d Dept 2010]; <i>see People v Thomas</i>, 34 NY3d 545, 557-558 [2019]). Moreover, contrary to defendant's claim, the waiver of his right to appeal is valid. The record reflects that defendant was aware that an appeal waiver was required as part of the plea agreement, a term that he accepted, and that County Court explained during the plea colloquy that the waiver of appeal was "completely separate and apart" from the trial-related rights forfeited by his guilty plea. Defendant assured the court that he understood the same. Additionally, defendant confirmed that he signed the written appeal