KINGSTON – A former Ulster County man who pled guilty to a charge of sexual abuse and was sentenced to five years in prison and 10 years of post-release supervision, has lost his appeal.
Jonathan Bonner was originally indicted on charges of criminal sexual act, unlawful dealing with a child and two counts of endangering the welfare of a child.
The district attorney’s office requested that the first count of the indictment be dismissed and Bonner agreed to plead guilty to one count of sexual abuse in the first degree with the understanding county court would impose a sentence of five years in prison followed by 10 years of post-release supervision.
The plea agreement also required that he waive his right to appeal.
On appeal to the Appellate Division of State Supreme Court, Bonner contended his waiver of the right to appeal was invalid. The appeals court rejected that.
The appellate court noted that in county court, Bonner “engaged in a detailed oral colloquy,” but never signed one. “Although defendant did not execute the written appeal waiver that was presented to him during the plea colloquy, neither the absence of a written waiver of the right to appeal nor a defendant’s failure to sign such a waiver is fatal where, as here, the oral waiver colloquy is sufficient to demonstrate that the defendant knowingly, intelligently and voluntarily waived his or her right to appeal.”