| People v Ellis |
| 2021 NY Slip Op 02761 [194 AD3d 428] |
| May 4, 2021 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Frank Ellis, Appellant. |
Robert S. Dean, Center for Appellate Litigation, New York (Teighlor S. Bonner of counsel),for appellant.
Darcel D. Clark, District Attorney, Bronx (Marianne Stracquadanio of counsel), forrespondent.
Judgment, Supreme Court, Bronx County (Miriam R. Best, J. at omnibus motion; Alvin M.Yearwood, J. at plea and sentencing), rendered May 14, 2018, convicting defendant of murder inthe second degree, and sentencing him to a term of 15 years to life, unanimously affirmed.
Defendant's waiver of his right to appeal was invalid because the court did not make clearthat the right to appeal is separate and distinct from the numerous other trial rights automaticallyforfeited upon pleading guilty. However, by pleading guilty, defendant independently forfeitedhis claim that inadmissible evidence was presented to the grand jury (see People vHansen, 95 NY2d 227, 230 [2000]). In any event, the isolated references to defendant'scriminal history fell far short of an impairment of the integrity of the grand jury proceeding(see CPL 210.35 [5]), and defendant did not meet the exacting standard that must besatisfied before the extraordinary remedy of dismissal of the indictment is warranted (seePeople v Darby, 75 NY2d 449, 455 [1990]). Concur—Acosta, P.J., Manzanet-Daniels,Moulton, Scarpulla, JJ.