| People v Stenson |
| 2020 NY Slip Op 00698 [179 AD3d 1449] |
| January 31, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Willie Stenson, Appellant. |
Timothy P. Donaher, Public Defender, Rochester (David R. Juergens of counsel), fordefendant-appellant.
Sandra Doorley, District Attorney, Rochester (Nancy Gilligan of counsel), forrespondent.
Appeal from a judgment of the Monroe County Court (Melchor E. Castro, A.J.),rendered March 24, 2016. The judgment convicted defendant, upon a plea of guilty, offailure to register or verify his status as a sex offender, as a class D felony.
It is hereby ordered that the judgment so appealed from is unanimouslyaffirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon his plea ofguilty, of failure to register or verify his status as a sex offender, as a second orsubsequent offense (Correction Law §§ 168-f [4]; 168-t). We agreewith defendant that his waiver of the right to appeal is invalid. County Courtmischaracterized the nature of the right that defendant was being asked to cede,portraying the waiver as an absolute bar to defendant taking an appeal and the attendantrights to counsel and poor person relief, as well as a bar to all postconviction relief, andthere is no clarifying language in either the oral or written waiver indicating thatappellate review remained available for certain issues. We therefore cannot conclude thatthe waiver of appeal was knowing or voluntary (see People v Thomas, 34NY3d 545, 564-565 [2019]). We nevertheless conclude thatthe negotiated sentence is not unduly harsh or severe. Present—Peradotto, J.P.,Carni, Curran, Winslow and DeJoseph, JJ.