Summary
This Appellate Division, Third Department decision affirms the convictions of Curtis G. Cuttino for murder in the second degree and related offenses following his guilty pleas. The court addresses the validity of an appeal waiver within the plea agreement, finding it invalid due to the trial court's failure to conduct an oral colloquy regarding its ramifications. Despite the invalid waiver, the court reviews the sentence de novo and concludes that the 21-years-to-life term imposed for the murder conviction is not unduly harsh or severe given the defendant's criminal history and the violent nature of the crimes.
Topics
Practice areas
Questions Presented
- Whether the defendant's waiver of the right to appeal was valid.
- Whether the sentence imposed is unduly harsh or severe warranting reversal.
Holdings
- The waiver of the right to appeal was invalid because the trial court failed to conduct an oral colloquy, confirm that the defendant read and understood the waiver, and allow sufficient time for counsel review.
- The sentence of 21 years to life for murder in the second degree is not unduly harsh or severe given the defendant's extensive criminal history and the violent nature of the offenses.
Key quotations
“The record reflects that County Court did not engage in any oral colloquy regarding the appeal waiver or its ramifications and, although defendant executed a written waiver of appeal, County Court did not ask defendant if he had read the waiver, understood its ramifications or had been allowed sufficient time to review the waiver with counsel.” (1432)
“Nevertheless, considering defendant's extensive criminal history and the violent nature of his current offenses, we do not find the imposition of the agreed-upon sentence to be unduly harsh or severe.” (1153)
Factual background
Curtis G. Cuttino participated in a home invasion that led to charges of murder, burglary, and weapon possession. He pleaded guilty to murder in the second degree and criminal possession of a weapon in the second degree under a plea agreement that waived his right to appeal and promised a 23‑to‑life sentence. While incarcerated he also pleaded guilty to assault in the second degree. At sentencing the promised murder sentence was reduced to 21‑to‑life, and the court imposed that sentence.
Procedural history
Defendant pleaded guilty to murder and weapon possession under a plea agreement that waived his right to appeal. The County Court later reduced the agreed sentence for murder from 23 to 21 years to life without a colloquy on the waiver. Defendant appealed the sentence and the validity of the waiver.