PEOPLE v. DEANGELIS (2024)

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

The PEOPLE of the State of New York, Respondent, v. Vincent C. DEANGELIS, Defendant-Appellant.

312 Decided: May 03, 2024

PRESENT: LINDLEY, J.P., MONTOUR, OGDEN, DELCONTE, AND HANNAH, JJ.

THOMAS L. PELYCH, HORNELL, FOR DEFENDANT-APPELLANT. BRITTANY GROME ANTONACCI, DISTRICT ATTORNEY, AUBURN (CHRISTOPHER T. VALDINA OF COUNSEL), FOR RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him, upon his plea of guilty, of burglary in the first degree (Penal Law § 140.30 [2]), robbery in the first degree (§ 160.15 [3]), assault in the second degree (§ 120.05 [2]), and criminal possession of a weapon in the third degree (§ 265.02 [1]).

Even assuming, arguendo, that defendant validly waived his right to appeal, we agree with defendant that the waiver does not encompass his challenge to the severity of the enhanced sentence because County Court “failed to advise defendant of either the conduct that could result in the imposition of an enhanced sentence before defendant waived his right to appeal ․ or the potential periods of incarceration for an enhanced sentence” (People v. Semple, 23 A.D.3d 1058, 1059, 804 N.Y.S.2d 192 [4th Dept. 2005], lv denied 6 N.Y.3d 852, 816 N.Y.S.2d 758, 849 N.E.2d 981 [2006] [internal quotation marks omitted]). We nevertheless conclude that the enhanced sentence is not unduly harsh or severe.

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