People v. HarrisPeople v. Harris
In satisfaction of a 15-count indictment, defendant pleaded guilty to two counts of criminal contempt in the second degree as a result of violating the terms of an order of protection and waived his right to appeal. Defendant was sentenced, in accordance with the plea agreement, to consecutive one-year jail terms. He appeals.
We agree with defendant that the waiver of the right to appeal was invalid. A review of the colloquy reflects that County Court did not “meet its obligation to ensure that defendant understood that his appeal waiver encompassed a right ‘separate and distinct from those . . . automatically forfeited upon a plea of guilty‘” (People v Burgette, 118 AD3d 1034, 1035 [2014], lv denied 24 NY3d 1118 [2015], quoting People v Lopez, 6 NY3d 248, 256 [2006]). The only inquiry by the court with respect to the waiver of the right to appeal was whether defendant executed the written waiver knowingly, voluntarily and intelligently.* Moreover, the court did not inquire as to “‘the circumstances surrounding the document‘s execution’ or confirm that defendant had been fully advised by counsel of the document‘s significance” (People v Chappelle, 121 AD3d 1166, 1167 [2014], lv denied 24 NY3d 1118 [2015], quoting People v Callahan, 80 NY2d 273, 283 [1992]). As such, the invalid appeal waiver does not preclude defendant‘s challenge to
McCarthy, Egan Jr., Mulvey and Aarons, JJ., concur. Ordered that the judgment is affirmed.