Civil Procedure · MBE-tested
The People of the State of New York, Respondent, v. Matthew Allen, Appellant
140 A.D.3d 167431 N.Y.S.3d 916·New York Supreme Court, Appellate Division·2016·NY
Present— Centra, J.P., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.
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Opinion
The People of the State of New York, Respondent, v Matthew Allen, Appellant.
[31 NYS3d 916]
[MAJORITY]
Appeal from a judgment of the Monroe County Court (Vincent M. Dinolfo, J.), rendered September 27, 2012. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon his plea of guilty of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]). As the People correctly concede, defendant did not knowingly, voluntarily, and intelligently waive his right to appeal. “Despite the existence of a written appeal waiver form signed by defendant and his attorney, no questions were asked of defendant about the appeal waiver and his understanding thereof” (People v Fry singer, 111 AD3d 1397, 1398 [2013]; see People v Briglin, 125 AD3d 1518, 1518-1519 [2015], lv denied 26 NY3d 926 [2015]). The sentence is not unduly harsh or severe.
Present— Centra, J.P., Peradotto, Lindley, DeJoseph and NeMoyer, JJ.