People v. Lemon

Citation137 A.D.3d 1422,27 N.Y.S.3d 726
Parties The PEOPLE of the State of New York, Respondent, v. Cody LEMON, Appellant.
Decision Date17 March 2016
CourtNew York Supreme Court Appellate Division

137 A.D.3d 1422
27 N.Y.S.3d 726

The PEOPLE of the State of New York, Respondent,
v.
Cody LEMON, Appellant.

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

March 17, 2016.


27 N.Y.S.3d 726

David E. Woodin, Catskill, for appellant.

James R. Farrell, District Attorney, Monticello (Meagan K. Galligan of counsel), for respondent.

Before: PETERS, P.J., GARRY, ROSE, DEVINE and CLARK, JJ.

DEVINE, J.

Appeal from a judgment of the County Court of Sullivan County (LaBuda, J.), rendered May 22, 2014, convicting defendant upon his plea of guilty of the crimes of burglary in the second degree, criminal possession of a weapon in the second degree and grand larceny in the fourth degree.

Pursuant to a negotiated plea agreement, defendant waived indictment and pleaded guilty to burglary in the second degree, criminal possession of a weapon in the second degree and grand larceny in the fourth degree as charged in a superior court information. The plea agreement included a waiver of appeal and satisfied a multitude of other pending criminal charges primarily emanating from larcenies, as well as violation of probation petitions. The agreement provided that the aggregate sentence would be capped at 10 years and could be as low as five years, with five years of postrelease supervision. Consistent with the agreement, County Court imposed an aggregate prison sentence of eight years to be followed by five years of postrelease supervision, and ordered defendant to pay restitution. Defendant appeals.

Defendant initially contends that his waiver of appeal was invalid, and we agree. A review of the record reveals that County Court failed to explain the significance of an appeal waiver or convey that it is "separate and distinct from those rights automatically forfeited upon a guilty plea"

(People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34...

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15 cases
  • People v. Herbert
    • United States
    • New York Supreme Court — Appellate Division
    • February 23, 2017
    ...844 N.E.2d 1145 [2006] ; see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ; People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied 27 N.Y.3d 1135, 39 N.Y.S.3d 116, 61 N.E.3d 515 [2016] ; People v. Blackmon, 122 A.D.3d 1071, 1072, 996 N.......
  • People v. Cherry
    • United States
    • New York Supreme Court — Appellate Division
    • April 20, 2017
    ...was harsh or excessive or that extraordinary circumstances warrant a reduction in the interest of justice" (People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied 27 N.Y.3d 1135, 39 N.Y.S.3d 116, 61 N.E.3d 515 [2016] ). Defendant's remaining contentions have been conside......
  • People v. Meddaugh
    • United States
    • New York Supreme Court — Appellate Division
    • May 25, 2017
    ...by defendant nor reflects that any inquiry was made as to whether she had read such a waiver and understood it (see People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied 27 N.Y.3d 1135, 39 N.Y.S.3d 116, 61 N.E.3d 515 [2016] ; People v. Rabideau, 130 A.D.3d 1094, 1095, 1......
  • People v. Musella, 107518.
    • United States
    • New York Supreme Court — Appellate Division
    • March 30, 2017
    ...532, 32 N.E.3d 969 [2015], quoting People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ; see People v. Lemon, 137 A.D.3d 1422, 1423, 27 N.Y.S.3d 726 [2016], lv. denied 27 N.Y.3d 1135, 39 N.Y.S.3d 116, 61 N.E.3d 515 [2016] ; People v. Bouton, 107 A.D.3d 1035, 1036, 9......
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