Opinion
1274 KA 14-00720.
12-23-2015
The PEOPLE of the State of New York, Respondent, v. Kawaun VAUGHN, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Evan B. Hannay 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 (Evan B. Hannay of Counsel), for Defendant–Appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Respondent.
Opinion
MEMORANDUM:
On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.201 ), defendant contends that the waiver of the right to appeal is not valid and challenges the severity of the sentence. Although “[w]e 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. Jones, 107 A.D.3d 1589, 1589, 966 N.Y.S.2d 724, lv. denied 21 N.Y.3d 1075, 974 N.Y.S.2d 324, 997 N.E.2d 149 [internal quotation marks omitted]; see 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; People v. Mobley, 118 A.D.3d 1336, 1336–1337, 988 N.Y.S.2d 323, lv. denied 24 N.Y.3d 1121, 3 N.Y.S.3d 763, 27 N.E.3d 477), we nevertheless reject defendant's challenge to the severity of the sentence.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
SCUDDER, P.J., CENTRA, LINDLEY, VALENTINO, and WHALEN, JJ., concur.