Summary
The Appellate Division, Third Department held that the defendant's waiver of the right to appeal was invalid because the trial court did not determine whether he remained willing to waive that right after imposing an enhanced sentence. The court nevertheless affirmed the judgment, concluding that the six-year prison sentence was not unduly harsh or severe.
Topics
Practice areas
Questions Presented
- Whether defendant's waiver of the right to appeal was valid after the County Court withdrew the original sentencing commitment and imposed an enhanced sentence without determining whether defendant still wished to waive his right to appeal.
- Whether the six-year prison sentence for second-degree burglary was unduly harsh or severe and should be reduced in the interest of justice.
Holdings
- A waiver of the right to appeal is invalid when the sentencing court imposes what amounts to an enhanced sentence without first ascertaining whether the defendant remains willing to waive the right to appeal.
- The six-year prison sentence followed by five years of postrelease supervision was not unduly harsh or severe, and reduction in the interest of justice was unwarranted.
Key quotations
“We agree with defendant that his waiver of the right to appeal is invalid because County Court failed to ascertain, prior to imposing what amounted to an enhanced sentence, whether defendant remained willing to waive such right”
“Nonetheless, upon reviewing the record and considering all of the relevant factors, we do not find the sentence imposed to be unduly harsh or severe”
Factual background
Defendant agreed to plead guilty to second-degree burglary in exchange for a four-and-one-half-year prison term, five years of postrelease supervision, and a waiver of appeal. During the plea allocution, the County Court learned that the homeowner had been present during the burglary and withdrew the sentencing commitment. Defendant elected to proceed with the plea after being advised that he would receive a six-year prison term, and the court imposed that sentence.
Procedural history
Defendant waived indictment and agreed to prosecution by superior court information. He entered a guilty plea under an agreement that included a four-and-one-half-year prison sentence and a waiver of appeal. During the plea allocution, the court learned that the homeowner had been present during the burglary, withdrew the original sentencing commitment, and offered a six-year sentence if defendant continued with the plea. Defendant proceeded, and the County Court imposed the revised sentence. The Appellate Division held the appeal waiver invalid but affirmed the judgment after finding the sentence not unduly harsh or severe.