| People v White |
| 2018 NY Slip Op 05533 [163 AD3d 1358] |
| July 26, 2018 |
| Appellate Division, Third Department |
[*1]
| The People of the State of New York,Respondent, v Lawrence White, Also Known as Boy Boy,Appellant. |
G. Scott Walling, Slingerlands, for appellant.
Robert M. Carney, District Attorney, Schenectady (Tracey A. Brunecz of counsel), forrespondent.
Appeal from a judgment of the County Court of Schenectady County (Loyola, J.), renderedMarch 18, 2016, convicting defendant upon his plea of guilty of the crimes of attempted criminalpossession of a weapon in the second degree and perjury in the first degree.
In satisfaction of two indictments, defendant pleaded guilty to attempted criminal possessionof a weapon in the second degree and perjury in the first degree and purportedly waived his rightto appeal. County Court thereafter imposed the agreed-upon aggregate sentence of6
Initially, we agree with defendant that he did not knowingly, intelligently and voluntarilywaive the right to appeal. County Court failed to explain to him that the right to appeal isseparate and distinct from the rights automatically forfeited by pleading guilty (see People v Lopez, 6 NY3d 248,256 [2006]; People v Meddaugh,150 AD3d 1545, 1546 [2017]). Further, although defendant executed two written waivers ofappeal, County Court did not "ensure that defendant understood the content or consequences ofthe appeal waiver[s]" (People vWilliams, 132 AD3d 1155, 1155 [2015], lv denied 27 NY3d 1157 [2016]; accord People v Aubain, 152 AD3d868, 869 [2017]). While the invalid appeal waivers do not preclude defendant's challenge tohis sentence as harsh and excessive, the sentence was in accordance with the plea agreement andwe find no abuse of discretion or extraordinary circumstances warranting a reduction thereof (see People v Wolcott, 154 AD3d1001, 1002 [2017], lv denied 31 NY3d 1089 [2018]; People v Langley, 111 AD3d1023, 1024 [2013]).
Garry, P.J., Egan Jr., Mulvey, Aarons and Rumsey, JJ., concur. Ordered that the judgment isaffirmed.