People v. Adyl K., 2018–11569

CourtNew York Supreme Court Appellate Division
Citation131 N.Y.S.3d 642 (Mem),187 A.D.3d 1208
Decision Date28 October 2020
Parties The PEOPLE, etc., respondent, v. ADYL K. (Anonymous), appellant.
Docket NumberInd. No. 7521/17,2018–11569

187 A.D.3d 1208
131 N.Y.S.3d 642 (Mem)

The PEOPLE, etc., respondent,
v.
ADYL K. (Anonymous), appellant.

2018–11569
Ind.
No. 7521/17

Supreme Court, Appellate Division, Second Department, New York.

Submitted - September 30, 2020
October 28, 2020


Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Solomon Neubort of counsel; Alastair Allen on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Dineen Riviezzo, J.), imposed August 7, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant pleaded guilty to grand larceny in the third degree, admitting that he stole a vehicle that had been left double-parked on a Brooklyn street with the keys in the ignition and the engine running. He was adjudicated a youthful offender and sentenced to a period of conditional discharge. On appeal, the defendant contends that the sentence was excessive and the Supreme Court should have imposed an unconditional discharge. The People counter, inter alia, that review of the defendant's contention is precluded by his valid waiver of the right to appeal.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 559, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The Supreme Court did not discuss the appeal waiver as part of the plea bargain being offered to the defendant before the agreement was reached, and it was not until after the defendant had already admitted his guilt that the court "described" the waiver to the defendant (see People v. Sutton, 184 A.D.3d 236, 245, 125 N.Y.S.3d 739 ; People v. Artis, 177 A.D.3d 758, 759, 110 N.Y.S.3d 318 ; People v. Pressley, ...

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11 practice notes
  • People v. Bisono, No. 97 SSM 14
    • United States
    • New York Court of Appeals
    • 15 décembre 2020
    ...1221, 131 N.Y.S.3d 219 (2d Dept. 2020)18. People v. Platel, 187 A.D.3d 1216, 131 N.Y.S.3d 583 (2d Dept. 2020)19. People v. Adyl K., 187 A.D.3d 1208, 131 N.Y.S.3d 642 (2d Dept. 2020)20. People v. Harris, 187 A.D.3d 1207, 131 N.Y.S.3d 593 (2d Dept. 2020)21. People v. Gudanowski, 187 A.D.3d 12......
  • People v. Guerrero, 110405
    • United States
    • New York Supreme Court Appellate Division
    • 20 mai 2021
    ...[Mar. 18, 2021] ) – further distinguishing the instant appeal from Sutton and its Second Department progeny (compare People v. Adyl K., 187 A.D.3d 1208, 131 N.Y.S.3d 642 [2020], lv denied 36 N.Y.3d 969, 138 N.Y.S.3d 472, 162 N.E.3d 701 [2020] ; People v. Esposito, 187 A.D.3d 781, 130 N.Y.S.......
  • People v. Fahey, 2019-02474
    • United States
    • New York Supreme Court Appellate Division
    • 22 décembre 2021
    ...does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived the right to appeal (see People v. Adyl K., 187 A.D.3d 1208, 1209, 131 N.Y.S.3d 642 ; People v. Zaffuto, 138 A.D.3d 1156, 1156–1157, 28 N.Y.S.3d 897 ). The Supreme Court's terse oral colloquy with the d......
  • People v. Mimms, 2018-13413
    • United States
    • New York Supreme Court Appellate Division
    • 28 octobre 2020
    ...(see People v. Jenkins, 11 N.Y.3d 282, 288, 869 N.Y.S.2d 370, 898 N.E.2d 553 ; People v. Monk, 186 A.D.3d 623, 126 N.Y.S.3d 666 ).131 N.Y.S.3d 642 The sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELS......
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11 cases
  • People v. Bisono, No. 97 SSM 14
    • United States
    • New York Court of Appeals
    • 15 décembre 2020
    ...1221, 131 N.Y.S.3d 219 (2d Dept. 2020)18. People v. Platel, 187 A.D.3d 1216, 131 N.Y.S.3d 583 (2d Dept. 2020)19. People v. Adyl K., 187 A.D.3d 1208, 131 N.Y.S.3d 642 (2d Dept. 2020)20. People v. Harris, 187 A.D.3d 1207, 131 N.Y.S.3d 593 (2d Dept. 2020)21. People v. Gudanowski, 187 A.D.3d 12......
  • People v. Guerrero, 110405
    • United States
    • New York Supreme Court Appellate Division
    • 20 mai 2021
    ...[Mar. 18, 2021] ) – further distinguishing the instant appeal from Sutton and its Second Department progeny (compare People v. Adyl K., 187 A.D.3d 1208, 131 N.Y.S.3d 642 [2020], lv denied 36 N.Y.3d 969, 138 N.Y.S.3d 472, 162 N.E.3d 701 [2020] ; People v. Esposito, 187 A.D.3d 781, 130 N.Y.S.......
  • People v. Fahey, 2019-02474
    • United States
    • New York Supreme Court Appellate Division
    • 22 décembre 2021
    ...does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived the right to appeal (see People v. Adyl K., 187 A.D.3d 1208, 1209, 131 N.Y.S.3d 642 ; People v. Zaffuto, 138 A.D.3d 1156, 1156–1157, 28 N.Y.S.3d 897 ). The Supreme Court's terse oral colloquy with the d......
  • People v. Mimms, 2018-13413
    • United States
    • New York Supreme Court Appellate Division
    • 28 octobre 2020
    ...(see People v. Jenkins, 11 N.Y.3d 282, 288, 869 N.Y.S.2d 370, 898 N.E.2d 553 ; People v. Monk, 186 A.D.3d 623, 126 N.Y.S.3d 666 ).131 N.Y.S.3d 642 The sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ). RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELS......
  • Request a trial to view additional results

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