Opinion
No. 465 KA 17-01364
07-08-2022
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. KAREEM J. SINGLETARY, DEFENDANT-APPELLANT.
JILL PAPERNO, ACTING PUBLIC DEFENDER, ROCHESTER (GABRIELA E. WOLFE OF COUNSEL), FOR DEFENDANT-APPELLANT. SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.
JILL PAPERNO, ACTING PUBLIC DEFENDER, ROCHESTER (GABRIELA E. WOLFE OF COUNSEL), FOR DEFENDANT-APPELLANT.
SANDRA DOORLEY, DISTRICT ATTORNEY, ROCHESTER (KAYLAN C. PORTER OF COUNSEL), FOR RESPONDENT.
PRESENT: SMITH, J.P., CENTRA, NEMOYER, CURRAN, AND BANNISTER, JJ.
Appeal from a judgment of the Supreme Court, Monroe County (Thomas E. Moran, J.), rendered March 16, 2017. The judgment convicted defendant upon his plea of guilty of manslaughter in the first degree and criminal possession of a weapon in the second degree.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]) and criminal possession of a weapon in the second degree (§ 265.03 [3]), defendant contends that his waiver of the right to appeal is invalid and does not foreclose his challenge to the severity of the negotiated sentence. The People correctly concede that the waiver of the right to appeal is invalid because Supreme Court's oral colloquy and the written waiver of the right to appeal provided defendant with erroneous information about the scope of the waiver and failed to identify that certain rights would survive the waiver (see People v Thomas, 34 N.Y.3d 545, 564-566 [2019], cert denied - U.S. -, 140 S.Ct. 2634 [2020]; People v McMillian, 185 A.D.3d 1420, 1421 [4th Dept 2020], lv denied 35 N.Y.3d 1096 [2020]). We nevertheless conclude that the sentence is not unduly harsh or severe.