People v. Santiago,

CourtNew York Supreme Court Appellate Division
Writing for the CourtACOSTA
Citation119 A.D.3d 484,2014 N.Y. Slip Op. 05493,990 N.Y.S.2d 494
Decision Date24 July 2014
PartiesThe PEOPLE of the State of New York, Respondent, v. Natalia SANTIAGO, Defendant-appellant.

119 A.D.3d 484
990 N.Y.S.2d 494
2014 N.Y. Slip Op. 05493

The PEOPLE of the State of New York, Respondent,
v.
Natalia SANTIAGO, Defendant-appellant.

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

July 24, 2014.



Robert S. Dean, Center for Appellate Litigation, New York (Lauren Springer of counsel), for appellant.

Robert T. Johnson, District Attorney's Office, Bronx (Diane A. Shearer of counsel), for respondent.


ACOSTA, J.P., MOSKOWITZ, FREEDMAN, FEINMAN, JJ.

Judgment, Supreme Court, Bronx County (Denis J. Boyle, J.), rendered May 10,

[990 N.Y.S.2d 495]

2012, convicting defendant, upon her plea of guilty, of two counts of attempted robbery in the second degree, and sentencing her to concurrent terms of three years, to be followed by three years of postrelease supervision, unanimously affirmed.

We find that defendant's purported waiver of her right to appeal was invalid inasmuch as the court did not tell defendant that her right to appeal was separate and distinct from her trial rights, which were automatically forfeited upon her plea of guilty ( see People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006];People v. Williams, 59 A.D.3d 339, 341, 874 N.Y.S.2d 63 [1st Dept.2009],lv. denied12 N.Y.3d 861, 881 N.Y.S.2d 672, 909 N.E.2d 595 [2009] ). Rather, the court asserted that “in the specific circumstances of this particular case” she was agreeing “not to make an appeal” ( see People v. Oquendo, 105 A.D.3d 447, 963 N.Y.S.2d 71 [1st Dept.2013],lv. denied21 N.Y.3d 1007, 971 N.Y.S.2d 259, 993 N.E.2d 1282 [2013] [the defendant's purported waiver of right to appeal was invalid where the court failed to ensure adequately that he understood that the right to appeal was separate and distinct from those rights automatically forfeited upon a guilty plea] ).

In addition, we agree with defendant that the clause in the waiver agreement that purportedly treats the filing of a notice of appeal by defendant as a motion to vacate the judgment to be unenforceable. Specifically, the waiver form included the following clause:

“If the defendant or the defendant's attorney files a notice of appeal that is not limited by a statement to the effect that the appeal is solely with respect to a constitutional speedy trial claim or legality of the sentence, they agree that the District Attorney and or Court may deemed such filing to be a motion by the defendant to vacate the conviction and sentence, and will result, upon the application and...

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16 practice notes
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...claims that cannot be waived, such as one concerning the lawfulness of the waiver or the plea agreement itself" ( People v. Santiago, 119 A.D.3d 484, 486, 990 N.Y.S.2d 494 [1st Dept. 2014] ). Because such language deprives a court of the "very jurisdictional predicate it needs as a vehicle ......
  • People v. Duval, 9262
    • United States
    • New York Supreme Court Appellate Division
    • November 26, 2019
    ...Floor, Bronx, NY."2 The People do not dispute that defendant's purported waiver of his right to appeal was invalid (People v. Santiago, 119 A.D.3d 484, 990 N.Y.S.2d 494 [1st Dept. 2014], lv denied 24 N.Y.3d 964, 996 N.Y.S.2d 223, 20 N.E.3d 1003 [2014] ).3 The majority fails to acknowledge t......
  • People v. Bryant
    • United States
    • New York Supreme Court Appellate Division
    • March 1, 2016
    ...Accordingly, the waiver was invalid and unenforceable (Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Santiago, 119 A.D.3d 484, 990 N.Y.S.2d 494, [1st Dept.2014] ).After giving due consideration to the defendant's particular circumstances, we exercise our discretion t......
  • Levin v.,
    • United States
    • New York Supreme Court Appellate Division
    • July 24, 2014
    ...decisions, and therefore the plaintiff mother had a viable cause of action for emotional distress ( id. at 983, 838 N.Y.S.2d 378). [990 N.Y.S.2d 494] That is clearly not the situation before us. To accept plaintiff's contention that, where there is a live birth but the infant never attains ......
  • Request a trial to view additional results
16 cases
  • People v. Thomas, No. 87, No. 88, No. 89
    • United States
    • New York Court of Appeals
    • November 26, 2019
    ...claims that cannot be waived, such as one concerning the lawfulness of the waiver or the plea agreement itself" ( People v. Santiago, 119 A.D.3d 484, 486, 990 N.Y.S.2d 494 [1st Dept. 2014] ). Because such language deprives a court of the "very jurisdictional predicate it needs as a vehicle ......
  • People v. Duval, 9262
    • United States
    • New York Supreme Court Appellate Division
    • November 26, 2019
    ...Floor, Bronx, NY."2 The People do not dispute that defendant's purported waiver of his right to appeal was invalid (People v. Santiago, 119 A.D.3d 484, 990 N.Y.S.2d 494 [1st Dept. 2014], lv denied 24 N.Y.3d 964, 996 N.Y.S.2d 223, 20 N.E.3d 1003 [2014] ).3 The majority fails to acknowledge t......
  • People v. Bryant
    • United States
    • New York Supreme Court Appellate Division
    • March 1, 2016
    ...Accordingly, the waiver was invalid and unenforceable (Lopez, 6 N.Y.3d at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Santiago, 119 A.D.3d 484, 990 N.Y.S.2d 494, [1st Dept.2014] ).After giving due consideration to the defendant's particular circumstances, we exercise our discretion t......
  • Levin v.,
    • United States
    • New York Supreme Court Appellate Division
    • July 24, 2014
    ...decisions, and therefore the plaintiff mother had a viable cause of action for emotional distress ( id. at 983, 838 N.Y.S.2d 378). [990 N.Y.S.2d 494] That is clearly not the situation before us. To accept plaintiff's contention that, where there is a live birth but the infant never attains ......
  • Request a trial to view additional results

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