People v Bowens (Isaac)

[*1] People v Bowens (Isaac) 2015 NY Slip Op 50155(U) Decided on February 25, 2015 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on February 25, 2015
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Hunter, Jr., J.P., Shulman, Ling-Cohan, JJ.
570019/13

The People of the State of New York, Respondent, -

against

Isaac Bowens, Defendant-Appellant.

Defendant appeals from a judgment of the Criminal Court of the City of New York, Bronx County (Raymond L. Bruce, J.), rendered November 28, 2012, convicting him, upon a plea of guilty, of two counts of endangering the welfare of a child, and sentencing him to three years of probation.

Per Curiam.

Judgment of conviction (Raymond L. Bruce, J.), rendered November 28, 2012, affirmed.

We find, and the People now effectively concede, that defendant's purported waiver of his right to appeal was invalid inasmuch as the court did not explain to defendant that his right to appeal was separate and distinct from his trial rights, which were automatically forfeited upon his guilty plea (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Williams, 59 AD3d 339, 341 [2009], lv denied 12 NY3d 861 [2009]).

Addressing the merits, however, we are not persuaded that the probationary sentence imposed was unduly or severe. The plea agreement permitted defendant to plead guilty to two misdemeanor counts of child endangerment (see Penal Law § 260.10) in full satisfaction of an accusatory instrument charging him with numerous sex-related offenses, including a felony charge of promoting an obscene sexual performance by a child (Penal Law § 263.10), a class D felony punishable by up to seven years of imprisonment. Further, defendant was sentenced in accordance with his plea bargain, and should not now "be heard to complain that he received what he bargained for" (People v Fair, 33 AD3d 558, 558 [2006], lv denied 8 NY3d 945 [2007], quoting People v Chambers, 123 AD2d 270, 270 [1986]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.

I concurI concurI concur
Decision Date: February 25, 2015