People v. Cuevas-Alcantara

Citation23 N.Y.S.3d 902 (Mem),136 A.D.3d 650
Parties The PEOPLE, etc., respondent, v. Carlos CUEVAS–ALCANTARA, appellant.
Decision Date03 February 2016
CourtNew York Supreme Court Appellate Division

Lynn W.L. Fahey, New York, N.Y. (Tammy E. Linn of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel; Michael O'Connell on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mullings, J.), imposed February 13, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the judgment is affirmed.

The defendant's purported waiver of his right to appeal was invalid, as the record fails to establish that he knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 272–273, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Little, 127 A.D.3d 1235, 5 N.Y.S.3d 896 ; People v. Quezada, 122 A.D.3d 948, 997 N.Y.S.2d 475 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). The record does not demonstrate that the defendant understood the nature of the right to appeal and the consequences of waiving it (see People v. Cantarero, 123 A.D.3d 841, 842, 996 N.Y.S.2d 724 ; People v. Brown, 122 A.D.3d at 140, 992 N.Y.S.2d 297 ). The defendant's execution of a written waiver "is not a complete substitute for an on-the-record explanation of the nature of the right to appeal, and some acknowledgment that the defendant is voluntarily giving up that right" (People v. Bradshaw, 76 A.D.3d 566, 569, 906 N.Y.S.2d 93, affd. 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; see People v. Little, 127 A.D.3d 1235, 5 N.Y.S.3d 896 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ).

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

ENG, P.J., DILLON, SGROI, HINDS–RADIX and BARROS, JJ., concur.

To continue reading

Request your trial
10 cases
  • People v. Moncrieft
    • United States
    • New York Supreme Court — Appellate Division
    • January 23, 2019
    ...Gonzalez, 150 A.D.3d 1024, 1025, 52 N.Y.S.3d 229 ; People v. De La Rosa, 148 A.D.3d 927, 927, 48 N.Y.S.3d 606 ; People v. Cuevas–Alcantara, 136 A.D.3d 650, 650, 23 N.Y.S.3d 902 ). The Supreme Court did not provide the defendant with an adequate explanation of the nature of the right to appe......
  • People v. Neilson
    • United States
    • New York Supreme Court — Appellate Division
    • December 12, 2018
    ...v. Bradshaw, 76 A.D.3d 566, 569, 906 N.Y.S.2d 93, affd 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; see People v. Cuevas–Alcantara, 136 A.D.3d 650, 23 N.Y.S.3d 902 ). Moreover, "it will not be sufficient for the trial court to defer to the defendant's off-the-record conversations with ......
  • People v. Slade, 2018–08826
    • United States
    • New York Supreme Court — Appellate Division
    • February 26, 2020
    ...and intelligently waived his right to appeal (see People v. Etienne, 152 A.D.3d 790, 790, 59 N.Y.S.3d 427 ; People v. Cuevas–Alcantara, 136 A.D.3d 650, 650, 23 N.Y.S.3d 902 ). The County Court's terse colloquy during the plea allocution failed to sufficiently advise the defendant of the nat......
  • People v. Latham
    • United States
    • New York Supreme Court — Appellate Division
    • June 27, 2018
    ...v. Bradshaw, 76 A.D.3d 566, 569, 906 N.Y.S.2d 93, affd 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; see People v. Cuevas–Alcantara, 136 A.D.3d 650, 23 N.Y.S.3d 902 ; People v. Brown, 122 A.D.3d at 138–139, 992 N.Y.S.2d 297 ; People v. Keiser, 100 A.D.3d 927, 928, 954 N.Y.S.2d 184 ). Th......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT