People v. Fuller

Appellate Division of the Supreme Court of New York

People v. Fuller

Procedural entryThis page is a short order in People v. Fuller. Read the opinion of the Court — 221 A.D.3d 433 →

Appellate Division of the Supreme Court of the State of New York·Decided July 24, 2026·No. 489 KA 23-01496·Published

Opinion

People v Fuller - 2026 NY Slip Op 04665

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Law Reporting
Bureau Thomas J.K. Smith, State Reporter

People v Fuller

2026 NY Slip Op 04665

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

FREDDY FULLER, DEFENDANT-APPELLANT.

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

Decided on July 24, 2026

489 KA 23-01496

Present: Bannister, J.P., Montour, Greenwood, Delconte, And Hannah, JJ.

TINA L. HARTWELL, PUBLIC DEFENDER, UTICA (DAVID A. COOKE OF COUNSEL), FOR DEFENDANT-APPELLANT.

TODD C. CARVILLE, DISTRICT ATTORNEY, UTICA (MICHAEL A. LABELLA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered June 26, 2023. The judgment convicted defendant upon his plea of guilty of attempted promoting prison contraband in the first degree.

[*1]

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 attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25 [2]). As defendant contends and the People correctly concede, defendant's waiver of the right to appeal is invalid and thus does not foreclose his challenge to the severity of the sentence. County Court's oral colloquy mischaracterized the waiver as an absolute bar to the taking of an appeal (see People v Thomas, 34 NY3d 545, 565 [2019], cert denied 589 US 1302 [2020]; People v Irwin, 232 AD3d 1251, 1251 [4th Dept 2024]) and, although the record establishes that defendant executed a written waiver of the right to appeal, the written waiver did not cure the defects in the oral colloquy (see People v Moore, 236 AD3d 1375, 1375-1376 [4th Dept 2025], lv denied 43 NY3d 1047 [2025]). Nevertheless, we conclude that the sentence is not unduly harsh or severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

Links to or from other sites do not signify endorsement or relationship with them.

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People v Fuller - 2026 NY Slip Op 04665

skip to main content

It appears you are using Adblock. Please disable Adblock to best experience our website.

Law Reporting
Bureau Thomas J.K. Smith, State Reporter

People v Fuller

2026 NY Slip Op 04665

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

FREDDY FULLER, DEFENDANT-APPELLANT.

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

Decided on July 24, 2026

489 KA 23-01496

Present: Bannister, J.P., Montour, Greenwood, Delconte, And Hannah, JJ.

TINA L. HARTWELL, PUBLIC DEFENDER, UTICA (DAVID A. COOKE OF COUNSEL), FOR DEFENDANT-APPELLANT.

TODD C. CARVILLE, DISTRICT ATTORNEY, UTICA (MICHAEL A. LABELLA OF COUNSEL), FOR RESPONDENT.

Appeal from a judgment of the Oneida County Court (Michael L. Dwyer, J.), rendered June 26, 2023. The judgment convicted defendant upon his plea of guilty of attempted promoting prison contraband in the first degree.

[*1]

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 attempted promoting prison contraband in the first degree (Penal Law §§ 110.00, 205.25 [2]). As defendant contends and the People correctly concede, defendant's waiver of the right to appeal is invalid and thus does not foreclose his challenge to the severity of the sentence. County Court's oral colloquy mischaracterized the waiver as an absolute bar to the taking of an appeal (see People v Thomas, 34 NY3d 545, 565 [2019], cert denied 589 US 1302 [2020]; People v Irwin, 232 AD3d 1251, 1251 [4th Dept 2024]) and, although the record establishes that defendant executed a written waiver of the right to appeal, the written waiver did not cure the defects in the oral colloquy (see People v Moore, 236 AD3d 1375, 1375-1376 [4th Dept 2025], lv denied 43 NY3d 1047 [2025]). Nevertheless, we conclude that the sentence is not unduly harsh or severe.

Entered: July 24, 2026

Ann Dillon Flynn

Clerk of the Court

Links to or from other sites do not signify endorsement or relationship with them.

People v. Fuller, (N.Y. Ct. App. 2026).

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