People v. Rupnarain

Appeal from a judgment of the County Court of Schenectady County (Drago, J.), rendered January 11, 2011, convicting defendant upon his plea of guilty of the crimes of rape in the third degree and criminal contempt in the second degree.

Defendant, who was born in Guyana, waived indictment and pleaded guilty to a superior court information charging him with rape in the third degree and criminal contempt in the second degree and waived his right to appeal. Thereafter, defendant retained new counsel, who moved to withdraw the plea based upon assigned counsel’s admitted failure to advise defendant…