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The People of the State of New York v. Devonte Bouie

New York v. Devonte Bouie

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Julie Cianca, Public Defender, Rochester (Jane I. Yoon of Counsel), for Defendant-Appellant. Sandra Doorley, District Attorney, Rochester (Lisa Gray of Counsel), for Respondent. Appeal from a judgment of the Supreme Court, Monroe County (Alex R. Renzi, J.), rendered May 19, 2021. The judgment convicted defendant, upon a guilty plea, of manslaughter in the first degree. It is hereby ORDERED that the judgment so appealed from is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him, upon a plea of guilty, of manslaughter in the first degree (Penal Law § 125.20 [1]). We agree with defendant that his waiver of the right to appeal is invalid. The written waiver used overbroad language that ” ‘mischaracterized the nature of the right[s] that defendant was being asked to cede, portraying the waiver as an absolute bar to defendant taking an appeal’ ” (People v. Johnson, 192 AD3d 1494, 1495 [4th Dept 2021], lv denied 37 NY3d 965 [2021]; see People v. Thomas, 34 NY3d 545, 565 [2019], cert denied — US —, 140 S Ct 2634 [2020]; People v. St. Denis, 207 AD3d 1084, 1084 [4th Dept 2022]), and the oral colloquy did not cure that defect (see Thomas, 34 NY3d at 566; People v. Fernandez, 218 AD3d 1257, 1258 [4th Dept 2023], lv denied 40 NY3d 1012 [2023]; People v. Rumph, 207 AD3d 1209, 1210 [4th Dept 2022], lv denied 39 NY3d 1075 [2023]). Nevertheless, we reject defendant’s contention that his sentence is unduly harsh and severe.

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