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People v. Collins

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 539 (N.Y. App. Div. 2019)

Opinion

2017–12353 S.C.I. No. 10158/17

07-03-2019

The PEOPLE, etc., Respondent, v. Joseph COLLINS, Appellant.

Paul Skip Laisure, New York, N.Y. (Martin B. Sawyer of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Kristin Rainis on the memorandum), for respondent.


Paul Skip Laisure, New York, N.Y. (Martin B. Sawyer of counsel), for appellant.

John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Kristin Rainis on the memorandum), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid and does not preclude review of his excessive sentence claim. The Supreme Court's terse colloquy did not provide the defendant with an explanation of the nature of the right to appeal or explain the consequences of waiving that right (see People v. Bradshaw , 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown , 122 A.D.3d 133, 992 N.Y.S.2d 297 ; People v. Vasquez , 101 A.D.3d 1054, 1054–1055, 956 N.Y.S.2d 171 ). Although the defendant signed a written appeal waiver form, a written waiver "is not a complete substitute for an on-the-record explanation of the nature of the right to appeal" ( People v. Bradshaw , 76 A.D.3d 566, 569, 906 N.Y.S.2d 93, affd 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). Under the circumstances presented here, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal (see People v. Brown , 122 A.D.3d at 145, 992 N.Y.S.2d 297 ).

However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.


Summaries of

People v. Collins

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 3, 2019
174 A.D.3d 539 (N.Y. App. Div. 2019)
Case details for

People v. Collins

Case Details

Full title:The People of the State of New York, respondent, v. Joseph Collins…

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

Date published: Jul 3, 2019

Citations

174 A.D.3d 539 (N.Y. App. Div. 2019)
174 A.D.3d 539
2019 N.Y. Slip Op. 5414