People v. Sutton, 184 A.D.3d 236

On March 26, 2014, two days before his 17th birthday, Darrius Sutton punched a 17‑year‑old female, fracturing her jaw; he was indicted on multiple assault/menacing/harassment counts.
The court reviewed grand jury minutes and found the indictment legally sufficient and proper instructions given.
The People offered a plea: guilty to the top count, youthful offender adjudication, 1⅓ to 4 years, and an appeal waiver; the trial court instead proposed a more lenient court‑run CASES outpatient program and a promise of a one‑year definite sentence (already served) and youthful offender status if completed, which the People opposed.
Sutton pled guilty after allocution; the court then insisted on an appeal‑waiver form and conducted a waiver colloquy (the form was signed by Sutton but not by defense counsel).
Sutton failed the program, absconded, incurred new charges (including assault on an officer), the court denied youthful offender treatment and sentenced him to 2 years’ imprisonment plus 2 years postrelease supervision. Sutton appealed.

Issue	People’s Argument	Sutton’s Argument	Held
Validity of appeal waiver	Waiver valid and forecloses review	Waiver invalid because the court (not the People) required it and it was taken after plea; no benefit exchanged	Waiver unenforceable: court insisted without stating reasons and waiver provided no discernible benefit to Sutton
Denial of youthful offender treatment and excessiveness of sentence	Even if waiver unenforceable, denial and sentence proper	Youth, lack of prior record, trauma, depression warrant youthful offender treatment and a lesser sentence	On the merits, denial of youthful offender treatment was proper given gravity, violations of plea terms, absconding and new arrests; 2 years + 2 years PRS not excessive

Boykin v. Alabama, 395 U.S. 238 (U.S. 1969) (Bench colloquy required for knowing, voluntary plea).
People v. Seaberg, 74 N.Y.2d 1 (N.Y. 1989) (appeal waivers may be enforced when part of plea bargains; courts supervise fairness).
People v. Thomas, 34 N.Y.3d 545 (N.Y. 2019) (reaffirming Seaberg; courts must memorialize and supervise appeal waivers).
Garza v. Idaho, 139 S. Ct. 738 (U.S. 2019) (a waived appellate claim can proceed if prosecution declines to enforce the waiver).
People v. Towns, 33 N.Y.3d 326 (N.Y. 2019) (trial court must not abandon neutral role or assume interests of a party).
People v. Selikoff, 35 N.Y.2d 227 (N.Y. 1974) (court’s role and obligations when promising sentences).
People v. Gilbert, 145 A.D.3d 1196 (App. Div. 3d Dep't 2016) (waiver upheld where defendant was informed during colloquy that appeal waiver was part of the bargain).
People v. Suitte, 90 A.D.2d 80 (App. Div. 2d Dep't 1982) (sentence review: standard for excessiveness).