Opinion
03-24-2017
The PEOPLE of the State of New York, Respondent, v. Eric HARRIS, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of Counsel), for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Frank H. Hiscock Legal Aid Society, Syracuse (Kristen McDermott of Counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting him upon his plea of guilty of burglary in the third degree (Penal Law § 140.20 ). We agree with defendant that the waiver of the right to appeal is invalid because "the minimal inquiry made by County Court was insufficient to establish that the court engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v. Hassett, 119 A.D.3d 1443, 1443–1444, 988 N.Y.S.2d 831, lv. denied 24 N.Y.3d 961, 996 N.Y.S.2d 220, 20 N.E.3d 1000 [internal quotation marks omitted] ). " ‘[A]lthough the record establishes that defendant executed a written waiver of the right to appeal, there was no colloquy between [the c]ourt and defendant regarding the waiver of the right to appeal to ensure that’ defendant was aware that it encompassed his challenge to the severity of the sentence" (People v. Avellino, 119 A.D.3d 1449, 1449–1450, 988 N.Y.S.2d 834 ). We nevertheless reject defendant's contention that the sentence is unduly harsh and severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
CENTRA, J.P., CARNI, LINDLEY, CURRAN, and SCUDDER, JJ., concur.