People v. Figueroa
| Decision Date | 11 March 2021 |
| Docket Number | 110860 |
| Citation | 144 N.Y.S.3d 240,192 A.D.3d 1269 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Herman FIGUEROA, Appellant. |
| Court | New York Supreme Court — Appellate Division |
192 A.D.3d 1269
144 N.Y.S.3d 240
The PEOPLE of the State of New York, Respondent,
v.
Herman FIGUEROA, Appellant.
110860
Supreme Court, Appellate Division, Third Department, New York.
Calendar Date: February 4, 2021
Decided and Entered: March 11, 2021
G. Scott Walling, Slingerlands, for appellant.
Robert M. Carney, District Attorney, Schenectady (Peter H. Willis of counsel), for respondent.
Before: Garry, P.J., Egan Jr., Lynch, Clark and Reynolds Fitzgerald, JJ.
MEMORANDUM AND ORDER
Appeal from a judgment of the Supreme Court (Hogan, J.), rendered June 7, 2018
in Schenectady County, convicting defendant upon his plea of guilty of the crime of attempted rape in the first degree.
Defendant pleaded guilty to attempted rape in the first degree and purportedly waived the right to appeal. Supreme Court sentenced defendant, as a second felony offender, to five years in prison, to be followed by 20 years of postrelease supervision. Defendant appeals.
Defendant contends that his appeal waiver was invalid. 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. Anderson, 184 A.D.3d 1020, 1020, 124 N.Y.S.3d 589 [2020], lvs denied 35 N.Y.3d 1064, 1068, 129 N.Y.S.3d 363, 152 N.E.3d 1165 [2020], quoting People v. Thomas, 34 N.Y.3d 545, 566, 122 N.Y.S.3d 226, 144 N.E.3d 970 [2019] ). Here, the written waiver signed by defendant indicated that the waiver was an absolute bar to any appeal and stated that defendant was waiving the "right to appeal from any other matters for which I may have an appeal as of right or otherwise in any [s]tate or [f]ederal court, or that I may collaterally attack pursuant to [CPL articles 330 or 440], or through [w]rits of [c]orum [n]obis or [h]abeas [c]orpus, or any other manner, in any [s]tate or [f]ederal court." Supreme Court did not...
To continue reading
Request your trial
-
People v. Davis
...1124–1125, 146 N.Y.S.3d 686 [2021], lvs denied 37 N.Y.3d 963, 966, 148 N.Y.S.3d 743, 171 N.E.3d 219 [2021]; People v. Figueroa, 192 A.D.3d 1269, 1270, 144 N.Y.S.3d 240 [2021] ). In light of the invalid appeal waiver, defendant's remaining challenges are not precluded. Defendant's challenge ......
-
People v. Davis
...195 A.D.3d 1313, 1314 [2021]; People v Bowman, 194 A.D.3d 1123, 1124-1125 [2021], lvs denied 37 N.Y.3d 963, 966 [2021]; People v Figueroa, 192 A.D.3d 1269, 1270 [2021]). light of the invalid appeal waiver, defendant's remaining challenges are not precluded. Defendant's challenge to the volu......
-
People v. Stratton
...151 N.Y.S.3d 263 [2021], lvs denied 37 N.Y.3d 1025, 1030, 153 N.Y.S.3d 413, 175 N.E.3d 438, 439 [2021]; People v. Figueroa, 192 A.D.3d 1269, 1270, 144 N.Y.S.3d 240 [2021] ). Thus, defendant's waiver of the right to appeal is unenforceable, and we will therefore decide the suppression issues......
-
People v. Winters
...we find that defendant did not knowingly, intelligently and voluntarily waive his right to appeal (see People v. Figueroa, 192 A.D.3d 1269, 1270, 144 N.Y.S.3d 240 [2021] ; People v. Anderson, 184 A.D.3d 1020, 1021, 124 N.Y.S.3d 589 [2020], lvs denied 35 N.Y.3d 1064, 1068, 129 N.Y.S.3d 363, ......