People v. Anderson
| Decision Date | 25 June 2020 |
| Docket Number | 109945 |
| Citation | 124 N.Y.S.3d 589 (Mem),184 A.D.3d 1020 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Malik ANDERSON, Also Known as M, Appellant. |
| Court | New York Supreme Court — Appellate Division |
184 A.D.3d 1020
124 N.Y.S.3d 589 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Malik ANDERSON, Also Known as M, Appellant.
109945
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: May 22, 2020
Decided and Entered: June 25, 2020
Timothy S. Brennan, Schenectady, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Devine and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Clark, J.
Appeal from a judgment of the County Court of Schenectady County (Sypniewski, J.), rendered October 30, 2017, convicting defendant upon his plea of guilty of the crime of attempted murder in the second degree.
In satisfaction of a four-count indictment, defendant pleaded guilty to attempted murder in the second degree and purportedly waived the right to appeal. The plea agreement provided that, subject to certain conditions, defendant would be sentenced to a determinate prison term within the range of 10 to 12 years. County Court thereafter sentenced defendant to 10 years in prison, to be followed by five years of postrelease supervision. Defendant appeals.
Defendant contends that his waiver of the right to appeal was not knowing, intelligent and voluntary, and we agree. An appeal waiver is not "knowingly or voluntarily made in the face of erroneous advisements warning of absolute bars to the pursuit of all potential remedies, including those affording collateral relief on certain nonwaivable issues in both state and federal courts" ( People v. Thomas, 34 N.Y.3d 545, 566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019] ). During the plea colloquy, County Court informed defendant that the appellate rights that he was waiving were listed on a written appeal waiver. The written waiver, which was signed by defendant, stated that defendant was waiving his "right to appeal from any other matters for which [he] may have an appeal
as of right or otherwise in any [s]tate or [f]ederal court, or that I may...
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