| People v Carno |
| 2012 NY Slip Op 08937 [101 AD3d 1663] |
| December 21, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v Nicholas Carno,Appellant. |
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Appeal from a judgment of the Onondaga County Court (Jeffrey R. Merrill, A.J.), rendered August4, 2009. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a forgedinstrument in the second 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 criminalpossession of a forged instrument in the second degree (Penal Law § 170.25), defendantcontends that the waiver of the right to appeal is invalid and that the sentence is unduly harsh andsevere. We agree with defendant that the waiver of the right to appeal is invalid. Although the recordestablishes that defendant executed a written waiver of the right to appeal, there was no colloquybetween County Court and defendant regarding the waiver of the right to appeal to ensure that it wasknowingly, voluntarily and intelligently entered (see People v Cooper, 85 AD3d 1594, 1594 [2011], affd 19NY3d 501 [2012]). We nevertheless conclude that the sentence is not unduly harsh or severe.Present—Smith, J.P., Peradotto, Carni, Sconiers and Whalen, JJ.