| People v Box |
| 2012 NY Slip Op 04867 [96 AD3d 1570] |
| June 15, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Tyrae Box,Appellant. |
—[*1]
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), rendered June5, 2009. The judgment convicted defendant, upon his plea of guilty, of assault in the first degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of assaultin the first degree (Penal Law § 120.10 [1]), defendant contends that the waiver of the rightto appeal is not valid and challenges the severity of the sentence. Although we agree withdefendant that the waiver of the right to appeal is invalid because the minimal inquiry made byCounty Court was "insufficient to establish that the court 'engage[d] the defendant in an adequatecolloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice' "(People v Brown, 296 AD2d 860 [2002], lv denied 98 NY2d 767 [2002]; see People v Hamilton, 49 AD3d1163, 1164 [2008]), we nevertheless conclude that the sentence is not unduly harsh orsevere. Present—Centra, J.P., Fahey, Peradotto, Carni and Sconiers, JJ.