From Casetext: Smarter Legal Research

People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Apr 27, 2018
2018 N.Y. Slip Op. 2964 (N.Y. App. Div. 2018)

Opinion

407 KA 15-01324

04-27-2018

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WALTER BROWN, DEFENDANT-APPELLANT.

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT. WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.


PRESENT:

FRANK H. HISCOCK LEGAL AID SOCIETY, SYRACUSE (PIOTR BANASIAK OF COUNSEL), FOR DEFENDANT-APPELLANT.

WILLIAM J. FITZPATRICK, DISTRICT ATTORNEY, SYRACUSE (JAMES P. MAXWELL OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Onondaga County Court (Thomas J. Miller, J.), rendered August 1, 2014. The judgment convicted defendant, upon his plea of guilty, of criminal possession of a weapon in the second degree.

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 criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]), defendant contends that his waiver of the right to appeal is not valid, and he challenges the severity of the sentence. Although we agree with defendant that the waiver of the right to appeal is invalid because the perfunctory inquiry made by County Court was "insufficient to establish that the court engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice' " (People v Brown, 296 AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see People v Hamilton, 49 AD3d 1163, 1164 [4th Dept 2008]), we nevertheless conclude that the sentence is not unduly harsh or severe.

Entered: April 27, 2018

Mark W. Bennett

Clerk of the Court


Summaries of

People v. Brown

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
Apr 27, 2018
2018 N.Y. Slip Op. 2964 (N.Y. App. Div. 2018)
Case details for

People v. Brown

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. WALTER BROWN…

Court:SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department

Date published: Apr 27, 2018

Citations

2018 N.Y. Slip Op. 2964 (N.Y. App. Div. 2018)