PEOPLE v. LEWIS (2025)

MEMORANDUM AND ORDER

Appeal from a judgment of the County Court of Ulster County (Donald Williams, J.), rendered July 6, 2018, convicting defendant upon his plea of guilty of the crime of criminal possession of a weapon in the second degree.

In satisfaction of a 12–count superseding indictment, defendant pleaded guilty to criminal possession of a weapon in the second degree and agreed to waive his right to appeal.  In accordance with the terms of the plea agreement, County Court sentenced defendant to a prison term of 10 years, to be followed by five years of postrelease supervision.  Defendant appeals.

As the People concede, defendant's waiver of his right to appeal is invalid.  Both County Court's colloquy and the written appeal waiver used overly-broad language suggesting a complete bar to appellate review (see People v. Ripley, 210 A.D.3d 1198, 1200, 177 N.Y.S.3d 802 [3d Dept. 2022], lv denied 39 N.Y.3d 1074, 183 N.Y.S.3d 809, 204 N.E.3d 445 [2023];  People v. Hawkins, 207 A.D.3d 814, 815, 170 N.Y.S.3d 732 [3d Dept. 2022];  People v. Goodwalt, 205 A.D.3d 1070, 1071, 167 N.Y.S.3d 250 [3d Dept. 2022], lv denied 38 N.Y.3d 1071, 171 N.Y.S.3d 452, 191 N.E.3d 404 [2022]).  Accordingly, his challenge to the severity of the sentence imposed is not precluded (see People v. Lester, 232 A.D.3d 1056, 1057, 220 N.Y.S.3d 507 [3d Dept. 2024];  People v. Ripley, 210 A.D.3d at 1200, 177 N.Y.S.3d 802).  Nevertheless, upon our review of the record and in consideration of the advantageous plea, we are not persuaded that the mitigating factors relied upon by defendant, including his substance abuse and mental and physical health issues, render the agreed-upon sentence unduly harsh or severe (see CPL 470.15[6][b]).

ORDERED that the judgment is affirmed.

Garry, P.J., Egan Jr., Pritzker, Powers and Mackey, JJ., concur.