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People v. Robbins

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 3, 2023
181 N.Y.S.3d 517 (N.Y. App. Div. 2023)

Opinion

1022 KA 18-00718

02-03-2023

The PEOPLE of the State of New York, Respondent, v. Keith ROBBINS, Defendant-Appellant.

THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT. JASON L. SCHMIDT, DISTRICT ATTORNEY, MAYVILLE (ANDREW M. MOLITOR OF COUNSEL), FOR RESPONDENT.


THE LEGAL AID BUREAU OF BUFFALO, INC., BUFFALO (JOHN J. MORRISSEY OF COUNSEL), FOR DEFENDANT-APPELLANT.

JASON L. SCHMIDT, DISTRICT ATTORNEY, MAYVILLE (ANDREW M. MOLITOR OF COUNSEL), FOR RESPONDENT.

PRESENT: SMITH, J.P., PERADOTTO, BANNISTER, MONTOUR, AND OGDEN, JJ.

MEMORANDUM AND ORDER

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 manslaughter in the first degree ( Penal Law § 125.20 [2] ), defendant contends that his waiver of the right to appeal is invalid and thus does not foreclose his challenge to the severity of the negotiated sentence. We agree. Here, "there is no basis [in the record] upon which to conclude that [County Court] ensured ‘that the defendant understood that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty’ " ( People v. Jones , 107 A.D.3d 1589, 1590, 966 N.Y.S.2d 724 [4th Dept. 2013], lv denied 21 N.Y.3d 1075, 974 N.Y.S.2d 324, 997 N.E.2d 149 [2013], quoting People v. Lopez , 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see People v. Barzee , 204 A.D.3d 1422, 1422, 166 N.Y.S.3d 814 [4th Dept. 2022], lv denied 38 N.Y.3d 1132, 172 N.Y.S.3d 865, 193 N.E.3d 530 [2022] ). We nevertheless conclude that the sentence is not unduly harsh or severe.


Summaries of

People v. Robbins

Supreme Court, Appellate Division, Fourth Department, New York.
Feb 3, 2023
181 N.Y.S.3d 517 (N.Y. App. Div. 2023)
Case details for

People v. Robbins

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Keith ROBBINS…

Court:Supreme Court, Appellate Division, Fourth Department, New York.

Date published: Feb 3, 2023

Citations

181 N.Y.S.3d 517 (N.Y. App. Div. 2023)

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