| People v Wesley B. |
| 2018 NY Slip Op 08844 [167 AD3d 1562] |
| December 21, 2018 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Wesley B., Appellant. |
The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of counsel), for defendant-appellant.
John J. Flynn, District Attorney, Buffalo (Matthew B. Powers of counsel), for respondent.
Appeal from an adjudication of the Supreme Court, Erie County (Russell P. Buscaglia, A.J.), rendered October 4, 2016. Defendant was adjudicated a youthful offender upon his plea of guilty of attempted robbery in the first degree.
It is hereby ordered that the adjudication so appealed from is unanimously affirmed.
Memorandum: On appeal from a youthful offender adjudication based upon his plea of guilty
of attempted robbery in the first degree (Penal Law §§ 110.00, 160.15 [2]),
defendant contends that his waiver of the right to appeal is invalid. We agree. The minimal
perfunctory inquiry made by Supreme Court was "insufficient to establish that the court
'engage[d] . . . defendant in an adequate colloquy to ensure that the waiver of the
right to appeal was a knowing and voluntary choice' " (People v Brown, 296
AD2d 860, 860 [4th Dept 2002], lv denied 98 NY2d 767 [2002]; see People v Hamilton, 49 AD3d
1163, 1164 [4th Dept 2008]). Nevertheless, we reject defendant's contention that his
sentence is unduly harsh and severe. We note, however, that the certificate of conviction contains
internal inconsistencies and must therefore be amended to reflect that defendant was sentenced to
an indeterminate term of incarceration of 1