People v. Corley

• Decision Date: 29 September 2021
• Docket Number: 2018–00522,Ind. No. 17–00256
• Citation: 197 A.D.3d 1324,151 N.Y.S.3d 900 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Fabian J. CORLEY, appellant.
• Court: New York Supreme Court — Appellate Division

197 A.D.3d 1324

151 N.Y.S.3d 900 (Mem)

The PEOPLE, etc., respondent,

v.Fabian J. CORLEY, appellant.

2018–00522

Ind. No. 17–00256

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

Submitted—September 9, 2021

September 29, 2021

Mary Zugibe Raleigh, Pine Bush, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.

HECTOR D. LASALLE, P.J., REINALDO E. RIVERA, COLLEEN D. DUFFY, WILLIAM G. FORD, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered November 2, 2017, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). The County Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v. Bisono, 36 N.Y.3d 1013, 1017–1018, 140 N.Y.S.3d 433, 164 N.E.3d 239 ; People v. Thomas, 34 N.Y.3d 545, 564–566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ), and the written waiver form did not overcome the deficiencies in the court's explanation of the right to appeal, as it did not contain clarifying language that appellate review remained available for select issues (see People v. Thomas, 34 N.Y.3d at 566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Brown, 195 A.D.3d 943, 146 N.Y.S.3d 514 ; People v. Burbridge, 194 A.D.3d 831, 147 N.Y.S.3d 129 ). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim.

Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

LASALLE, P.J., RIVERA, DUFFY and FORD, JJ., concur.