Opinion
01-10-2024
The PEOPLE, etc., respondent, v. Diamonique A. FRANK, appellant.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.
COLLEEN D. DUFFY, J.P., WILLIAM G. FORD, DEBORAH A. DOWLING, LOURDES M. VENTURA, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Edward T. McLoughlin, J.), rendered October 3, 2022, convicting him of criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, as the County Court did not discuss the appeal waiver with the defendant until after he had already fully admitted his guilt as part of the plea agreement (see People v. Heft, 220 A.D.3d 806, 196 N.Y.S.3d 177; People v. Blake, 210 A.D.3d 901, 901, 178 N.Y.S.3d 201; People v. Diallo, 196 A.D.3d 598, 598, 147 N.Y.S.3d 454; People v. Adyl K., 187 A.D.3d 1208, 131 N.Y.S.3d 642). In light of this failure, and considering the defendant’s relatively young age and limited contact with the criminal justice system, the record does not establish that the defendant understood the nature of the appellate rights he was waiving at the time he entered his plea of guilty (see People v. Adyl K., 187 A.D.3d at 1208, 131 N.Y.S.3d 642). Since the defendant did not validly waive his right to appeal, this Court is not precluded from considering the merits of his contention that the sentence imposed was excessive.
Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).
DUFFY, J.P., FORD, DOWLING and VENTURA, JJ., concur.
Carol Kahn, New York, NY, for appellant.