People v. Banks

Opinion

People v Banks

2026 NY Slip Op 04715

July 24, 2026

Appellate Division, Fourth Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This decision is uncorrected and subject to revision before publication in the Official Reports.

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,

v

BLAKE BANKS, DEFENDANT-APPELLANT.

Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department

Decided on July 24, 2026

557 KA 26-00018

Present: Lindley, J.P., Bannister, Ogden, Delconte, And Hannah, JJ.

NICHOLAS T. TEXIDO, BUFFALO, FOR DEFENDANT-APPELLANT.

MICHAEL J. KEANE, DISTRICT ATTORNEY, BUFFALO (TABITHA R. SALONEN OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Erie County Court (James F. Bargnesi, J.), rendered June 23, 2022. The judgment convicted defendant upon his plea of guilty of manslaughter in the first degree.

[*1]

It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon his plea of guilty of manslaughter in the first degree (Penal Law § 125.20 [1]), defendant contends that his waiver of the right to appeal is invalid and that his sentence is unduly harsh and severe.

We agree with defendant that his waiver of the right to appeal is invalid. Specifically, during the appeal waiver colloquy, County Court "did not explain that if the defendant could not afford the costs of an appeal or of an attorney to represent him on appeal, the State would bear those costs" (People v Lora, 234 AD3d 873, 874 [2d Dept 2025], lv denied 43 NY3d 931 [2025]; see generally People v Shanks, 37 NY3d 244, 253 [2021]; People v Burris, 231 AD3d 1063, 1063-1064 [2d Dept 2024], lv denied 42 NY3d 1052 [2024]). We therefore cannot conclude that the waiver of appeal was knowing or voluntary (see generally People v Thomas, 34 NY3d 545, 565-566 [2019], cert denied 589 US 1302 [2020]; People v Youngs, 183 AD3d 1228, 1229 [4th Dept 2020], lv denied 35 NY3d 1050 [2020]). We nonetheless conclude that the sentence is not unduly harsh or severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court