People v. Gonzalez
| Decision Date | 28 April 2016 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Justin GONZALEZ, Appellant. |
| Court | New York Supreme Court — Appellate Division |
138 A.D.3d 1353
28 N.Y.S.3d 919 (Mem)
The PEOPLE of the State of New York, Respondent,
v.
Justin GONZALEZ, Appellant.
Supreme Court, Appellate Division, Third Department, New York.
April 28, 2016.
Cliff Gordon, Monticello, for appellant.
James R. Farrell, District Attorney, Monticello (Hannah Rose Prall of counsel), for respondent.
Before: McCARTHY, J.P., EGAN JR., ROSE, DEVINE and CLARK, JJ.
ROSE, J.
Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered March 5, 2014, convicting defendant upon his pleas of guilty of the crimes
of assault in the first degree, assault in the second degree, resisting arrest and criminal mischief in the fourth degree.
Defendant pleaded guilty to a superior court information charging him with assault in the second degree, resisting arrest and criminal mischief in the fourth degree and waived his right to appeal. Prior to sentencing, defendant was involved in another incident and ultimately pleaded guilty to assault in the first degree and, again, waived his right to appeal. In accordance with the plea agreements, County Court sentenced defendant to concurrent prison terms of seven years followed by five years of postrelease supervision on each of the assault convictions and one year each on the remaining two misdemeanor convictions, the sentences to run concurrently. Defendant now appeals.
Initially, we find that defendant's waivers of the right to appeal were invalid. Although defendant executed detailed written waivers, a review of the record establishes that County Court "did not adequately convey that the right to appeal is separate and distinct from those rights automatically forfeited upon a plea of guilty but, rather, improperly lumped those rights together," and the court did not adequately "ensure that defendant understood the content or consequences of the appeal waiver" (People v. Williams, 132 A.D.3d 1155, 1155, 20 N.Y.S.3d 176 [2015] [internal quotation marks and citations omitted]; see People v. Mones, 130 A.D.3d...
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