THE PEOPLE OF THE STATE OF NEW YORK RESPONDENT v. FREDDY FULLER DEFENDANT APPELLANT (2026)

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

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT, v. FREDDY FULLER, DEFENDANT-APPELLANT.

489 Decided: July 24, 2026

PRESENT: BANNISTER, J.P., MONTOUR, GREENWOOD, DELCONTE, 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 promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25 [2]). As defendant contends and the People correctly concede, defendant's waiver of the right to appeal is invalid and thus does not foreclose his challenge to the severity of the sentence. County Court's oral colloquy mischaracterized the waiver as an absolute bar to the taking of an appeal (see People v Thomas, 34 NY3d 545, 565 [2019], cert denied 589 US 1302 [2020]; People v Irwin, 232 AD3d 1251, 1251 [4th Dept 2024]) and, although the record establishes that defendant executed a written waiver of the right to appeal, the written waiver did not cure the defects in the oral colloquy (see People v Moore, 236 AD3d 1375, 1375-1376 [4th Dept 2025], lv denied 43 NY3d 1047 [2025]). Nevertheless, we conclude that the sentence is not unduly harsh or severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

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