Opinion
No. 334 KA 22-00237
05-10-2024
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DEVONTE BOUIE, DEFENDANT-APPELLANT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
JULIE CIANCA, PUBLIC DEFENDER, ROCHESTER (JANE I. YOON OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (LISA GRAY OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., BANNISTER, MONTOUR, GREENWOOD, AND NOWAK, JJ.
Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered May 19, 2021. The judgment convicted defendant, upon a guilty plea, of manslaughter in the first degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). We agree with defendant that his waiver of the right to appeal is invalid. The written waiver used overbroad language that" 'mischaracterized the nature of the right[s] that defendant was being asked to cede, portraying the waiver as an absolute bar to defendant taking an appeal'" (People v Johnson, 192 A.D.3d 1494, 1495 [4th Dept 2021], lv denied 37 N.Y.3d 965 [2021]; see People v Thomas, 34 N.Y.3d 545, 565 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]; People v St. Denis, 207 A.D.3d 1084, 1084 [4th Dept 2022]), and the oral colloquy did not cure that defect (see Thomas, 34 N.Y.3d at 566; People v Fernandez, 218 A.D.3d 1257, 1258 [4th Dept 2023], lv denied 40 N.Y.3d 1012 [2023]; People v Rumph, 207 A.D.3d 1209, 1210 [4th Dept 2022], lv denied 39 N.Y.3d 1075 [2023]). Nevertheless, we reject defendant's contention that his sentence is unduly harsh and severe.