THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. DANIEL HORNING DEFENDANT APPELLANT (2025)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. DANIEL HORNING, DEFENDANT-APPELLANT.

595 Decided: July 25, 2025

PRESENT: BANNISTER, J.P., SMITH, GREENWOOD, NOWAK, AND HANNAH, JJ.

TINA L. HARTWELL, PUBLIC DEFENDER, UTICA (DAVID A. COOKE OF COUNSEL), FOR DEFENDANT-APPELLANT. TODD C. CARVILLE, DISTRICT ATTORNEY, UTICA (MICHAEL A. LABELLA 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 attempted rape in the first degree (Penal Law §§ 110.00, former 130.35 [2]). We agree with defendant that his purported waiver of the right to appeal is not enforceable inasmuch as the “totality of the circumstances fails to reveal that defendant understood the nature of the appellate rights being waived” (People v Durie, 216 AD3d 1449, 1449 [4th Dept 2023] [internal quotation marks omitted]; see People v Youngs, 183 AD3d 1228, 1228 [4th Dept 2020], lv denied 35 NY3d 1050 [2020]). Nevertheless, we conclude that the sentence is not unduly harsh or severe.

Entered: July 25, 2025

Ann Dillon Flynn

Clerk of the Court

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