People v. Nesbitt

Summary

The Appellate Division, Third Department held that Anthony Nesbitt’s appeal waiver was invalid because it did not adequately explain the surviving rights to direct appellate and collateral review. The court nevertheless upheld the agreed-upon consecutive sentences and affirmed the judgment of conviction, while directing any request concerning attachment of a support letter to the County Court.

Holdings

1. The appeal waiver was invalid because the written waiver and brief oral colloquy did not clarify that defendant retained the right to seek collateral relief in state or federal court.
2. Because the appeal waiver was invalid, defendant's challenge to the severity of his sentence was not precluded.
3. The agreed-upon consecutive sentences were not improper or unduly harsh or severe, and the court declined to modify the sentence in the interest of justice.
4. Any request for relief concerning County Court's failure to attach the fiancée's support letter to the presentence report should be addressed to County Court.

Questions Presented

1. Whether defendant's written and oral appeal waiver was knowing, intelligent, and voluntary.
2. Whether the invalid appeal waiver precluded defendant's challenge to the severity of his sentence.
3. Whether the agreed-upon consecutive sentences were improper or unduly harsh or severe.
4. Whether the Appellate Division should modify the sentence in the interest of justice.
5. Whether relief concerning the omission of a support letter from the presentence report should be sought in County Court.

Disposition

affirmed