Opinion
06-09-2017
The PEOPLE of the State of New York, Respondent, v. Sierra CLARK, Defendant–Appellant.
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for defendant-appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
Frank H. Hiscock Legal Aid Society, Syracuse (Piotr Banasiak of Counsel), for defendant-appellant.
William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for respondent.
MEMORANDUM:
Defendant appeals from a judgment convicting her upon her plea of guilty of two counts of rape in the first degree (Penal Law § 130.35[3] ). We agree with defendant that her waiver of the right to appeal is invalid and thus does not preclude her challenge on appeal to the severity of the sentence. Although the record reflects that defendant executed a written waiver of the right to appeal, County Court "did not inquire of defendant whether [s]he understood the written waiver or whether [s]he had even read the waiver before signing it" (People v. Grucza, 145 A.D.3d 1505, 1506, 45 N.Y.S.3d 722 [internal quotation marks omitted] ). Thus, the record establishes that the court failed to ensure that "defendant ... entered a knowing, intelligent and voluntary appeal waiver" (People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). We nevertheless reject defendant's contention that the bargained-for sentence is unduly harsh and severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
PERADOTTO, J.P., CARNI, LINDLEY, TROUTMAN, and SCUDDER, JJ., concur.