| People v Taylor |
| 2013 NY Slip Op 02276 [105 AD3d 778] |
| April 3, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Antoine Taylor, Appellant. |
—[*1] Kathleen M. Rice, District Attorney, Mineola, N.Y. (Yael V. Levy of counsel;Matthew C. Frankel on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Nassau County (Peck, J.), imposed September 22, 2011, upon his convictions ofmanslaughter in the first degree and reckless endangerment in the first degree, upon hisplea of guilty.
Ordered that the sentence is affirmed.
The defendant did not knowingly, voluntarily, and intelligently waive his right toappeal. During the plea colloquy, the trial court advised the defendant: "If you went totrial . . . and lost, you would have the right to appeal this case to ahigher Court to determine if any improprieties took place in the trial" (emphasisadded) Thus, the court misstated the law by suggesting that a defendant only has the rightto appeal if he or she goes to trial, and concomitantly, that the right to appeal is limited totrial errors. Under these circumstances, the defendant's purported waiver of his right toappeal from his conviction imposed upon his plea of guilty was not valid (cf. People v Hurd, 44 AD3d791, 792 [2007]; seegenerally People v Lopez, 6 NY3d 248, 256 [2006]).
Nevertheless, the defendant's sentence was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Roman and Cohen, JJ., concur.