Court rejects appeal in rape case

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KINGSTON – A state prisoner, who maintained he did not waive his right to appeal in a rape case, had his appeal turned down by the Appellate Division of State Supreme Court.
Marcus Jackson was convicted in October 2013 to the felony of rape after he pled guilty in Ulster County Court to having sex with a 15-year-old girl when he was 22 years of age.
He was sentenced to up to two years in prison followed by 10 years of post-release supervision.
Although he waived his right to appeal at the time, he argued that his wavier was neither knowing, voluntary nor intelligent. After reviewing the record, the appellate court concluded that the Ulster County Court judge had carefully explained the waiver and that he had also discussed it with Jackson’s attorney and that it was valid in all respects.
Jackson also argued the sentence was unduly harsh and excessive, but those claim was rejected as well.