| People v Edwards |
| 2017 NY Slip Op 05384 [151 AD3d 1962] |
| June 30, 2017 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York, Respondent, v DennisEdwards, Appellant. |
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of counsel), fordefendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of counsel), forrespondent.
Appeal from a judgment of the Onondaga County Court (Joseph E. Fahey, J.), renderedJanuary 28, 2013. The judgment convicted defendant, upon his plea of guilty, of kidnapping inthe second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty ofkidnapping in the second degree (Penal Law § 135.20). We agree with defendantthat the waiver of the right to appeal is invalid because "the minimal inquiry made by CountyCourt was insufficient to establish that the court engage[d] the defendant in an adequate colloquyto ensure that the waiver of the right to appeal was a knowing and voluntary choice" (People v Hassett, 119 AD3d 1443,1443-1444 [2014], lv denied 24 NY3d 961 [2014] [internal quotation marks omitted]). Inaddition, "there is no basis upon which to conclude that the court ensured 'that the defendantunderstood that the right to appeal is separate and distinct from those rights automaticallyforfeited upon a plea of guilty' " (People v Jones, 107 AD3d 1589, 1590 [2013], lv denied 21NY3d 1075 [2013], quoting People vLopez, 6 NY3d 248, 256 [2006]). We nevertheless conclude that the sentence is notunduly harsh or severe. Present—Smith, J.P., Centra, DeJoseph, NeMoyer and Scudder,JJ.