| People v Doxey |
| 2013 NY Slip Op 08754 [112 AD3d 1364] |
| December 27, 2013 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, vChristopher J. Doxey, Appellant. |
—[*1] Joseph V. Cardone, District Attorney, Albion (Katherine Bogan of counsel), forrespondent.
Appeal from a judgment of the Orleans County Court (James P. Punch, J.), renderedJuly 13, 2012. The judgment convicted defendant, upon his plea of guilty, of attemptedburglary 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 ofattempted burglary in the second degree (Penal Law §§ 110.00, 140.25 [2]),defendant contends that the waiver of the right to appeal is not valid and challenges theseverity of the sentence. Although we agree with defendant that the waiver of the right toappeal is invalid because the perfunctory inquiry made by County Court was "insufficientto establish that the court 'engage[d] the defendant in an adequate colloquy to ensure thatthe waiver of the right to appeal was a knowing and voluntary choice' " (People vBrown, 296 AD2d 860, 860 [2002], lv denied 98 NY2d 767 [2002]; see People v Hamilton, 49AD3d 1163, 1164 [2008]), we nevertheless conclude that the sentence is not undulyharsh or severe. Present—Smith, J.P., Fahey, Lindley, Valentino and Whalen, JJ.