| People v Jones |
| 2020 NY Slip Op 04672 [186 AD3d 1069] |
| August 20, 2020 |
| Appellate Division, Fourth Department |
[*1]
| The People of the State of New York,Respondent, v Taquan Jones, Appellant. |
Anthony F. Brigano, Utica, for defendant-appellant.
Scott D. McNamara, District Attorney, Utica (Steven G. Cox of counsel), forrespondent.
Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), renderedFebruary 16, 2016. The judgment convicted defendant upon a plea of guilty of robbery in the firstdegree.
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 of robberyin the first degree (Penal Law § 160.15 [4]), defendant contends that his sentence isunduly harsh and severe. Initially, we note that defendant waived his right to appeal, but weconclude that the waiver is invalid. County Court mischaracterized the waiver of the right toappeal as an absolute bar to defendant taking a direct appeal, with no clarifying language in eitherthe oral colloquy or the written waiver that certain issues remain available for appellate review.We therefore conclude that the colloquy and written waiver were insufficient to ensure that thewaiver was voluntary, knowing, and intelligent (see People v Thomas, 34 NY3d 545, 562-567 [2019], certdenied 589 US &mdash, — S Ct &mdash, 2020 WL 1496788, 2020 US LEXIS 1984[Mar. 30, 2020]; People v Brown,180 AD3d 1341, 1341 [4th Dept 2020], lv denied 35 NY3d 968 [2020]; People v Stenson, 179 AD3d 1449,1449 [4th Dept 2020], lv denied 35 NY3d 974 [2020]). We nevertheless conclude thatthe sentence is not unduly harsh or severe. Present—Centra, J.P., NeMoyer, Troutman,Winslow and Bannister, JJ.