People v. Ties

• Decision Date: 22 October 2015
• Docket Number: 15936, 3925/12.
• Citation: 132 A.D.3d 558,18 N.Y.S.3d 54,2015 N.Y. Slip Op. 07753
• Parties: The PEOPLE of the State of New York, Respondent, v. Derrick TIES, Defendant–Appellant.
• Court: New York Supreme Court — Appellate Division

132 A.D.3d 558
18 N.Y.S.3d 54
2015 N.Y. Slip Op. 07753

The PEOPLE of the State of New York, Respondent
v.
Derrick TIES, Defendant–Appellant.

15936, 3925/12.

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

Oct. 22, 2015.

18 N.Y.S.3d 55

Seymour W. James, Jr., The Legal Aid Society, New York (Paul Wiener of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.

TOM, J.P., ANDRIAS, MOSKOWITZ, KAPNICK, JJ.

Opinion

132 A.D.3d 558

Judgment, Supreme Court, New York County (Larry Stephen, J.), rendered July 11, 2013, convicting defendant, upon his plea of guilty, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2 to 4 years, unanimously reversed, on the law, the plea vacated, defendant's suppression motion granted, the counts of the indictment charging criminal possession of stolen property in the fourth and fifth degrees and possession of burglar's tools dismissed, and the matter remanded for further proceedings on the remaining charges.

Defendant did not make a valid and enforceable waiver of his right to appeal (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006] ). The court's cursory discussion of the waiver did not establish defendant's understanding that it encompassed the right to appeal as distinct from those rights normally waived by pleading guilty (id. at 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The written waiver clearly states that defendant is giving up the distinct right to appeal; however, it was executed at sentencing, not at the time of the plea, and does not suffice to show that defendant knowingly and intelligently waived appeal at the

18 N.Y.S.3d 56

time his plea was entered, as part of the plea agreement (see People v. Frysinger, 111 A.D.3d 1397,...