Opinion
2017–12618 S.C.I. No. 238/17
01-15-2020
The PEOPLE, etc., Respondent, v. John M. LEDDY, Appellant.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Thomas N.N. Angell, Poughkeepsie, N.Y. (Steven Levine of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed.
The County Court failed to mention at the plea proceeding that the defendant's waiver of his right to appeal was part of the plea agreement. Rather, the court had the defendant execute a written waiver and reviewed the waiver at the sentencing proceeding. The failure to mention the waiver and review the rights being waived prior to the plea allocution rendered the waiver invalid (see People v. Keiser , 100 A.D.3d 927, 928, 954 N.Y.S.2d 184 ). By addressing the waiver at the sentencing proceeding, the court improperly gave the impression that the waiver of the defendant's appellate rights was automatically part of the sentence (see People v. Bradshaw , 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Batista , 167 A.D.3d 69, 73, 86 N.Y.S.3d 492 ).
Nevertheless, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.