PEOPLE v. MOLYNEAUX (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas DeRosa, J.), rendered May 17, 2017, convicting her of murder in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of her right to appeal was invalid.  The County Court's terse oral colloquy mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal by stating only that it was “a waiver of your right to appeal your sentence as well as your conviction” (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Muhammad, 231 A.D.3d 868, 869, 219 N.Y.S.3d 403).  In addition, the written appeal waiver did not contain clarifying language that appellate review remained available for certain issues (see People v. Shanks, 37 N.Y.3d 244, 253, 154 N.Y.S.3d 646, 176 N.E.3d 682).  Accordingly, the purported waiver of the right to appeal does not preclude appellate review of the defendant's excessive sentence claim (see People v. Lawrence, 227 A.D.3d 829, 829, 208 N.Y.S.3d 711;  People v. Richards, 224 A.D.3d 782, 783, 205 N.Y.S.3d 200).

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

GENOVESI, J.P., FORD, LANDICINO and QUIRK, JJ., concur.