People v. Zaffuto

• Citation: 28 N.Y.S.3d 897 (Mem),138 A.D.3d 1156
• Parties: The PEOPLE, etc., respondent, v. Francesco ZAFFUTO, appellant.
• Decision Date: 27 April 2016
• Court: New York Supreme Court Appellate Division

138 A.D.3d 1156

28 N.Y.S.3d 897 (Mem)

The PEOPLE, etc., respondent,

v.Francesco ZAFFUTO, appellant.

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

April 27, 2016.

Simon & Partners, LLP, New York, N.Y. (Brian D. Waller of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered November 15, 2012, convicting him of criminal sexual act in the first degree and promoting a sexual performance by a child, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, the Supreme Court properly denied his motion to withdraw his plea of guilty. The defendant's plea of guilty was knowingly, voluntarily, and intelligently made (see generally People v. Fiumefreddo, 82 N.Y.2d 536, 543, 605 N.Y.S.2d 671, 626 N.E.2d 646

; People v. Lopez, 71 N.Y.2d 662, 666, 529 N.Y.S.2d 465, 525 N.E.2d 5 ; People v. Harris, 61 N.Y.2d 9, 17, 471 N.Y.S.2d 61, 459 N.E.2d 170 ; see also People v. Riback, 57 A.D.3d 1209, 1219, 870 N.Y.S.2d 517, revd. on other grounds, 13 N.Y.3d 416, 892 N.Y.S.2d 832, 920 N.E.2d 939 ).

The defendant correctly argues that the purported waiver of his right to appeal was invalid. Under the circumstances of this case, including the defendant's inexperience with the criminal justice system, the terse colloquy conducted by the Supreme Court was insufficient to apprise the defendant of the rights that he was waiving (see People v. Pressley, 116 A.D.3d 794, 796, 983 N.Y.S.2d 322

; see generally People v. Brown, 122 A.D.3d 133, 144–145, 992 N.Y.S.2d 297 ).

However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85–86, 455 N.Y.S.2d 675

).

RIVERA

, J.P., MILLER, HINDS–RADIX and LaSALLE, JJ., concur.