People v. Aboueida
Docket CR-24-0402
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- New York
- Court
- Appellate Division of the Supreme Court of the State of New York
- Type
- Opinion
- Case type
- Criminal Appeal
- Disposition
- Affirmed
- Citation
- 2026 NY Slip Op 02303
- Docket
- CR-24-0402
Appeal from a judgment convicting defendant upon a guilty plea to attempted burglary in the third degree and sentencing him to five years probation
Summary
The Appellate Division, Third Department affirmed a conviction and sentence entered after defendant Abdallah A. Aboueida waived indictment and pleaded guilty to attempted third-degree burglary under a superior court information. County Court imposed the agreed-upon sentence of five years probation. On appeal the defendant argued the sentence was unduly harsh, but the appellate court rejected that challenge as barred by the unchallenged waiver of the right to appeal contained in the plea agreement, and therefore affirmed the judgment.
Issues Decided
- Whether the defendant's claim that his sentence is unduly harsh is reviewable on appeal despite an appeal waiver in his plea agreement
- Whether the appeal waiver in the plea agreement precludes appellate review of the sentence
Court's Reasoning
The court held that the defendant's challenge to the severity of his sentence is barred by the explicit appeal waiver he agreed to as part of his plea. Because the appeal waiver was unchallenged, established precedent requires the appellate court to decline review of the sentencing claim. The court therefore affirmed the judgment without reaching the substantive merits of the undue-harshness claim.
Authorities Cited
- People v Thompson-Webb241 AD3d 1675 (3d Dept 2025), lv denied 44 NY3d 1029 (2025)
- People v Brown197 AD3d 1440 (3d Dept 2021)
Parties
- Appellant
- Abdallah A. Aboueida
- Respondent
- The People of the State of New York
- Judge
- William Little
- Attorney
- Yorden C. Huban, Public Defender (James A. Bartosik Jr. of counsel)
- Attorney
- Lee C. Kindlon, District Attorney (Emily Schultz of counsel)
Key Dates
- Decision date
- 2026-04-16
- Calendar date
- 2026-03-20
- County Court judgment date
- 2023-10-23
What You Should Do Next
- 1
Consult defense counsel about appellate options
If the defendant believes the waiver was invalid or there are exceptional grounds, he should promptly consult counsel to evaluate whether a motion to vacate the plea or other postconviction relief is appropriate.
- 2
Comply with probation terms
The defendant should continue to comply with all probation conditions and reporting requirements to avoid violations that could lead to further penalties.
- 3
Consider motion to withdraw plea if grounds exist
If there are factual or legal defects in the plea (e.g., involuntary plea, ineffective assistance of counsel), counsel can consider moving in County Court to withdraw the plea or vacate the conviction.
Frequently Asked Questions
- What did the court decide?
- The appellate court affirmed the conviction and five-year probation sentence because the defendant had waived his right to appeal as part of his plea agreement.
- Who is affected by this decision?
- The decision directly affects Abdallah A. Aboueida, whose sentence remains in place; it also reinforces that unchallenged appeal waivers generally bar appellate review of agreed-upon sentences.
- What does 'appeal waiver' mean here?
- It means the defendant agreed, as part of his plea deal, to give up the right to challenge the sentence on appeal, and the court enforced that waiver.
- Can this decision be appealed further?
- Because the Appellate Division affirmed based on the unchallenged waiver and this was a final appellate decision at the intermediate level, further review to the Court of Appeals would generally require permission and is unlikely given the waiver, absent exceptional circumstances.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
People v Aboueida - 2026 NY Slip Op 02303 People v Aboueida 2026 NY Slip Op 02303 April 16, 2026 Appellate Division, Third Department The People of the State of New York, Respondent, v Abdallah A. Aboueida, Appellant. Decided and Entered:April 16, 2026 CR-24-0402 Calendar Date: March 20, 2026 Before: Aarons, J.P., Ceresia, Fisher, Powers And Ryba, JJ. Yorden C. Huban, Public Defender, Albany (James A. Bartosik Jr. of counsel), for appellant. Lee C. Kindlon, District Attorney, Albany (Emily Schultz of counsel), for respondent. Appeal from a judgment of the County Court of Albany County (William Little, J.), rendered October 23, 2023, convicting defendant upon his plea of guilty of the crime of attempted burglary in the third degree. Defendant waived indictment and agreed to plead guilty to a superior court information charging him with attempted burglary in the third degree. The plea agreement also required that defendant waive the right to appeal. County Court thereafter sentenced defendant to the agreed-upon sentence of five years of probation. Defendant appeals. We affirm. Defendant's sole contention on appeal — that the imposed sentence is unduly harsh — is precluded by his unchallenged appeal waiver ( see People v Thompson-Webb , 241 AD3d 1675, 1675 [3d Dept 2025], lv denied 44 NY3d 1029 [2025]; People v Brown , 197 AD3d 1440, 1440 [3d Dept 2021]). Aarons, J.P., Ceresia, Fisher, Powers and Ryba, JJ., concur. ORDERED that the judgment is affirmed.