People v. Lewis

Decision Date21 April 2015
Citation5 N.Y.S.3d 436,127 A.D.3d 569,2015 N.Y. Slip Op. 03276
PartiesThe PEOPLE of the State of New York, Respondent, v. Raymond LEWIS, Defendant–Appellant.
CourtNew York Supreme Court — Appellate Division

Robert S. Dean, Center for Appellate Litigation, New York (Rachel T. Goldberg of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (John T. Hughes of counsel), for respondent.

TOM, J.P., FRIEDMAN, RENWICK, MOSKOWITZ, DeGRASSE, JJ.

Opinion

Judgments, Supreme Court, New York County (Bonnie G. Wittner, J.), rendered on or about February 26, 2013, convicting defendant, upon his pleas of guilty, of burglary in the second degree and six counts of burglary in the third degree, and sentencing him, as a second felony offender, to an aggregate term of 8 to 12 years, unanimously affirmed.

Notwithstanding the inadequacy of the court's oral colloquy with defendant concerning his waiver of his right to appeal, the record reflects that defendant made a valid waiver, because he orally confirmed that he was agreeing to waive his right to appeal as part of this plea bargain and that he discussed this with counsel and understood it, the oral colloquy was supplemented by a comprehensive written waiver that fully explained that the right to appeal is separate and distinct from trial rights (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ), and defendant's age and experience indicate that he understood the rights he was waiving (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 [2011] ). This waiver forecloses review of his excessive sentence claim.

Regardless of whether defendant made a valid waiver of his right to appeal, we perceive no basis for reducing defendant's sentence.

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3 cases
  • People v. Elliot
    • United States
    • New York Supreme Court — Appellate Division
    • March 31, 2016
    ...signed a written waiver, which he had discussed with counsel, that adequately supplemented the oral colloquy (see People v. Lewis, 127 A.D.3d 569, 5 N.Y.S.3d 436 [1st Dept.2015], lv. denied 26 N.Y.3d 931, 17 N.Y.S.3d 94, 38 N.E.3d 840 [2015] ). As an alternative holding, we find that defend......
  • People v. Rubiera
    • United States
    • New York Supreme Court — Appellate Division
    • April 13, 2021
    ...upon his guilty plea ( see People v. Bryant, 28 N.Y.3d 1094, 1095–1096, 45 N.Y.S.3d 335, 68 N.E.3d 60 [2016] ; People v. Lewis, 127 A.D.3d 569, 5 N.Y.S.3d 436 [1st Dept. 2015], lv denied 26 N.Y.3d 931, 17 N.Y.S.3d 94, 38 N.E.3d 840 [2015] ). Regardless of whether defendant validly waived hi......
  • Five Star Elec. Corp. v. Fed. Ins. Co.
    • United States
    • New York Supreme Court — Appellate Division
    • April 21, 2015
    ...127 A.D.3d 5698 N.Y.S.3d 982015 N.Y. Slip Op. 03277FIVE STAR ELECTRIC CORP., Plaintiff–Appellant–Respondentv.FEDERAL INSURANCE COMPANY, et al., Defendants–Respondents–Appellants.[And A Third–Party Action]St. Paul Fire and Marine Insurance Company, Third–Party Plaintiff–Respondentv.E.A. Tech......

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