People v. Brito, 109806
| Decision Date | 19 May 2020 |
| Docket Number | 109806 |
| Citation | 184 A.D.3d 900,124 N.Y.S.3d 749 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Dillon BRITO, Appellant. |
| Court | New York Supreme Court — Appellate Division |
184 A.D.3d 900
124 N.Y.S.3d 749
The PEOPLE of the State of New York, Respondent,
v.
Dillon BRITO, Appellant.
109806
Supreme Court, Appellate Division, Third Department, New York.
Decided and Entered: June 4, 2020
May 19, 2020
Adam W. Toraya, Albany, for appellant.
Andrew J. Wylie, District Attorney, Plattsburgh (Rebecca L. Fox of counsel), for respondent.
Before: Lynch, J.P., Clark, Devine, Pritzker and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Devine, J.
Appeal from a judgment of the County Court of Clinton County (Favreau, J.), rendered September 7, 2017, convicting defendant upon his plea of guilty of the crime of promoting prison contraband in the first degree.
In satisfaction of a two-count indictment, defendant pleaded guilty to promoting prison contraband in the first degree with the understanding that he would be sentenced as a second felony offender to a prison term of 2 to 4 years that would be served consecutively to the sentence he then was serving. The plea agreement also required defendant to waive his right to appeal. County Court imposed the promised prison term and this appeal ensued.
Defendant initially contends that his waiver of the right to appeal is invalid. We agree. To be sure, County Court sufficiently explained the nature of the appeal waiver and did not impermissibly lump it into the trial-related rights that defendant automatically was forfeiting by pleading guilty (see People v. Crawford, 181 A.D.3d 1057, 1058–1059, 119 N.Y.S.3d 633 [2020] ). Similarly, defendant was aware that he was required to waive his right to appeal as part of the plea agreement (see People v. O'Neill, 172 A.D.3d 1778, 1779, 100 N.Y.S.3d 797 [2019], lv denied 34 N.Y.3d 953, 110 N.Y.S.3d 655, 134 N.E.3d 654 [2019] ) and indicated that he understood the nature of the waiver. He further executed a written waiver in open court, wherein he acknowledged the separate and distinct nature of his appellate rights and that the waiver encompassed...
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...and voluntarily waived his right to appeal (see People v. Gamble, 190 A.D.3d at 1023, 138 N.Y.S.3d 729 ; People v. Brito, 184 A.D.3d 900, 901, 124 N.Y.S.3d 749 [2020] ; People v. Burnell, 183 A.D.3d at 932, 123 N.Y.S.3d 728 ; People v. Alexander, 174 A.D.3d 1068, 1068, 104 N.Y.S.3d 765 [201......
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