PEOPLE v. CHOCOJ MARROQUIN (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Rockland County (Kevin F. Russo, J.), rendered April 23, 2025, convicting him of attempted burglary 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. Duffie, 242 AD3d 766, 767).  The County Court failed to advise the defendant that the waiver did not encompass the loss of attendant rights to counsel and to the waiver of costs, fees, and expenses (see People v. Rivera, ––– AD3d ––––, 2026 N.Y. Slip Op 05420;  People v. Arcaya, 247 AD3d 925, 925).  The court also mischaracterized the issues that would survive the appeal waiver by incorrectly stating that the defendant would retain the right to challenge the excessiveness of his sentence (see People v. Coverdale, 189 AD3d 1610).  Accordingly, on this record, we cannot conclude that the defendant understood the nature of the appellate rights that he was waiving (see People v. Momah, 192 AD3d 915, 915–916).

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

DILLON, J.P., BRATHWAITE NELSON, WOOTEN and LANDICINO, JJ., concur.