Opinion
2013-11-8
The PEOPLE of the State of New York, Respondent, v. San Antonio RUSSELL, Jr., Defendant–Appellant.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered May 15, 2009. The judgment convicted defendant as a juvenile offender upon his plea of guilty of robbery in the first degree. Cara A. Waldman, Fairport, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered May 15, 2009. The judgment convicted defendant as a juvenile offender upon his plea of guilty of robbery in the first degree.
Cara A. Waldman, Fairport, for Defendant–Appellant. Sandra Doorley, District Attorney, Rochester (Stephen X. O'Brien of Counsel), for Respondent.
MEMORANDUM:
On appeal from a judgment convicting him as a juvenile offender upon his plea of guilty of robbery in the first degree (*833Penal Law § 160.15 [4] ), defendant contends that the waiver of the right to appeal is not valid, and he challenges the severity of the sentence. Although we agree with defendant that the waiver of the right to appeal is invalid because the perfunctory inquiry made by County Court was “insufficient to establish that the court ‘engage[d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice’ ” ( People v. Brown, 296 A.D.2d 860, 860, 745 N.Y.S.2d 368,lv. denied98 N.Y.2d 767, 752 N.Y.S.2d 7, 781 N.E.2d 919;see People v. Hamilton, 49 A.D.3d 1163, 1164, 856 N.Y.S.2d 375), we nevertheless conclude that the sentence is not unduly harsh or severe.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.