GOSHEN – A former Middletown man who was convicted on a guilty plea in Orange County Court to a Middletown gang assault, had the appeal of his conviction rejected.
Joemy Rivera, 28, argued that the waiver of his right to appeal was invalid as the record did not demonstrate that the waiver was made knowingly, intelligently, and voluntarily. He also maintained that his absolute right to be present at all material stages of his trial was violated.
Appellate Division of State Supreme Court ruled that “The defendant waived his right to contest the purported violation of his right to be present at all material stages of his trial by pleading guilty.”
At trial, Rivera admitted going with three others to the victim’s girlfriend’s house in Middletown with the intention of assaulting the victim. He admitted that he stabbed the victim in the back with a knife several times.
Months later, three other defendants pled guilty in connection with the attack. Kayla Curry, 17 at the time, of Middletown, pled guilty to gang assault and assault. Miguel Irizary, 24 at the time, of Middletown, pled guilty to assault. Christian Reyes, 23, at the time, of Middletown, pled guilty to attempted assault for allegedly driving the others to the site of the stabbing.
