PEOPLE v. MARTINES (2025)

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (Terence P. Murphy, J.), rendered October 17, 2022, convicting him of manslaughter in the first degree and conspiracy in the second degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Vilmont, 216 A.D.3d 1113, 1114, 189 N.Y.S.3d 721).  The Supreme Court “failed to ascertain ‘that the defendant understood the nature of the appellate rights being waived’ and the consequences of waiving those rights” (People v. Daniel, 188 A.D.3d 908, 908, 132 N.Y.S.3d 303, quoting People v. Thomas, 34 N.Y.3d at 559, 122 N.Y.S.3d 226, 144 N.E.3d 970).  The court “never elicited an acknowledgment that the defendant was voluntarily waiving his right to appeal” (People v. Santillan, 200 A.D.3d 1074, 1075, 155 N.Y.S.3d 821).  Further, the court's comments mischaracterized the appellate rights waived as encompassing a challenge to the voluntariness of the plea (see People v. Serrano, 234 A.D.3d 879, 881–882, 225 N.Y.S.3d 365).  Although a written waiver form is not required for an appeal waiver to be valid (see People v. Stevens, 203 A.D.3d 958, 960, 163 N.Y.S.3d 615;  People v. Brown, 122 A.D.3d 133, 138–139, 992 N.Y.S.2d 297), here, there was no written waiver form to supplement the deficient oral colloquy.  Thus, the purported appeal waiver was invalid and does not preclude appellate review of the defendant's excessive sentence claim.

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

DILLON, J.P., CHRISTOPHER, WAN and HOM, JJ., concur.