People v. Ayala

• Decision Date: 25 January 2017
• Citation: 2017 N.Y. Slip Op. 00477,45 N.Y.S.3d 219,146 A.D.3d 966
• Parties: The PEOPLE, etc., respondent, v. Lazaro AYALA, appellant.
• Court: New York Supreme Court — Appellate Division

146 A.D.3d 966
45 N.Y.S.3d 219
2017 N.Y. Slip Op. 00477

The PEOPLE, etc., respondent,
v.
Lazaro AYALA, appellant.

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

Jan. 25, 2017.

45 N.Y.S.3d 219

Michele Marte–Indzonka, Newburgh, N.Y., for appellant.

45 N.Y.S.3d 220

David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.

CHERYL E. CHAMBERS, J.P., L. PRISCILLA HALL, JOSEPH J. MALTESE, and BETSY BARROS, JJ.

146 A.D.3d 966

Appeal by the defendant from a judgment of the County Court, Orange County (Freehill, J.), rendered November 10, 2015, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid. The record does not sufficiently demonstrate that the defendant understood the concept of the right to appeal and fully appreciated the consequences of waiving that right (see generally People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). Among other things, the County Court did not clearly ascertain on the record that defense counsel discussed the right to appeal with the defendant (cf. People v. Sanders, 25 N.Y.3d 337, 339–342, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). We note that the County Court relied heavily upon the written appeal waiver form executed by the defendant. On this appeal, the People also rely heavily on the written waiver in support of

146 A.D.3d 967

their argument that the purported appeal waiver was valid. However, the written waiver is not in the record and the People did not provide it. Under all the circumstances, we conclude that the defendant did not knowingly, voluntarily, and...