People v. Thompson
| Decision Date | 18 January 2018 |
| Docket Number | 108254 |
| Parties | The PEOPLE of the State of New York, Respondent, v. Dale R. THOMPSON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Susan Patnode, Rural Law Center of New York, Castleton (Cynthia Feathers of counsel), for appellant.
John M. Muehl, District Attorney, Cooperstown (Michael F. Getman of counsel), for respondent.
Before: Garry, P.J., Lynch, Clark, Aarons and Pritzker, JJ.
Appeal from a judgment of the County Court of Otsego County (Lambert, J.), rendered December 21, 2015, convicting defendant upon his plea of guilty of the crime of burglary in the second degree.
In satisfaction of a three-count indictment, defendant pleaded guilty to burglary in the second degree and waived his right to appeal, both orally and in writing. In accordance with the terms of the plea agreement, he was sentenced as a second felony offender to 10 years in prison and five years of postrelease supervision. He now appeals.
Defendant contends that his appeal waiver is invalid and does not preclude his challenge to the severity of the sentence. Upon reviewing the record, we agree that the waiver is defective insofar as County Court did not advise defendant of the separate and distinct nature of the waiver or confirm that he fully understood its ramifications (see People v. Loika, 153 A.D.3d 1516, 1517, 61 N.Y.S.3d 711 [2017] ; People v. Ortiz, 153 A.D.3d 1049, 1049, 61 N.Y.S.3d 178 [2017] ). Defendant executed a written waiver at sentencing—not prior to entering a plea—and County Court made no inquiry as to whether defendant read or understood the written waiver (see People v. Aubain, 152 A.D.3d 868, 869, 61 N.Y.S.3d 148 [2017] ). We are not persuaded, however, that the sentence is either harsh or excessive. Defendant has an extensive criminal record, and the underlying charges reveal that he forcibly entered the homes of multiple victims and removed valuables. In view of this, and given that defendant agreed to the sentence as part of the plea agreement, we find no extraordinary circumstances or any abuse of discretion warranting a reduction of the sentence in the interest of justice (see People v. Rock, 151 A.D.3d 1383, 1384–1385, 58 N.Y.S.3d 628 [2017], lv denied 30 N.Y.3d 953, 67 N.Y.S.3d 136, 89 N.E.3d 526 [2017] ; People v. Zabawczuk, 128 A.D.3d 1267, 1269, 11 N.Y.S.3d 692 [2015], lv denied 26 N.Y.3d 937, 17 N.Y.S.3d 100, ...
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People v. Crispell
...written waiver, such was executed after she was sentenced and more than a year after the plea was entered (see People v. Thompson, 157 A.D.3d 1141, 1141, 69 N.Y.S.3d 744 [2018] ). Under these circumstances, we find that defendant did not knowingly and intelligently waive her right to appeal......
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People v. Pittman, 109373
...the waiver nor made any effort to ascertain whether defendant understood its implications and consequences (see People v. Thompson, 157 A.D.3d 1141, 1141, 69 N.Y.S.3d 744 [2018] ; People v. Farrell, 156 A.D.3d 1062, 1062, 65 N.Y.S.3d 465 [2017], lv denied 30 N.Y.3d 1115, 77 N.Y.S.3d 340, 10......
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People v. Miller, 108171
...––––, 2018 WL 6033570 [Oct. 4, 2018] ; see People v. Brewster , 161 A.D.3d 1309, 1310, 77 N.Y.S.3d 205 [2018] ; People v. Thompson , 157 A.D.3d 1141, 1141, 69 N.Y.S.3d 744 [2018] ). Although defendant executed a written waiver in open court after conferring with counsel, Supreme Court did n......
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People v. Mitchell
...A.D.3d 1149, 1149, 71 N.Y.S.3d 749 [2018], lv denied 32 N.Y.3d 935, 84 N.Y.S.3d 862, 109 N.E.3d 1162 [2018] ; People v. Thompson , 157 A.D.3d 1141, 1141, 69 N.Y.S.3d 744 [2018] ; People v. Whitted , 117 A.D.3d at 1180, 985 N.Y.S.2d 319 ). Additionally, although defendant executed a written ......