People v. Youngs

2020 NY Slip Op 02558 (App. Div. 2020) · Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department · May 1, 2020 · No. 21 KA 17-00131

Summary

The New York Appellate Division, Fourth Department unanimously affirmed a judgment convicting Daniel K. Youngs upon his guilty plea to rape in the first degree, criminal sexual act in the first degree, and attempted sexual abuse in the first degree. The court held that the defendant's waiver of the right to appeal was unenforceable because the trial court and written waiver mischaracterized the scope of appellate rights, but concluded that the sentence was not unduly harsh or severe.

Holdings

  1. The purported waiver of defendant's right to appeal was not enforceable because the totality of the circumstances did not establish that defendant understood the nature of the appellate rights being waived.
  2. The sentence was not unduly harsh or severe.

Questions Presented

  1. Whether defendant's purported waiver of the right to appeal was enforceable when the trial court and written waiver mischaracterized the scope of appellate rights being relinquished.
  2. Whether defendant's sentence was unduly harsh or severe.

Disposition

affirmed

Cases Cited (2)

  • People v. Thomas, 2019 NY Slip Op 08545(followed)
  • People v. Cole, 181 AD3d 1329 (4th Dept. 2020)(followed)

Cited In (0)

No citing cases on record yet.

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