People v. Tumolo, 149 A.D.3d 1544 (N.Y. App. Div. 2017). · Go Syfert
People v. Tumolo, 149 A.D.3d 1544 (N.Y. App. Div. 2017). Cases Citing This Book View Copy Cite
5 citation events (5 in the last 25 years) across 2 distinct courts.
Strongest positive: People v. Johnson (nyappdiv, 2021-03-19)
Top citers, strongest first. 3 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Johnson
N.Y. App. Div. · 2021 · confidence medium
We note, however, that the certificate of conviction incorrectly reflects that defendant was sentenced to five years of postrelease supervision on each count of criminal possession of a controlled substance in the third degree, and it must therefore be amended to reflect that he was sentenced to three years of postrelease supervision on those counts ( see People v Tumolo , 149 AD3d 1544, 1544 [4th Dept 2017], lv denied 29 NY3d 1087 [2017]).
cited Cited as authority (rule) People v. Massey
N.Y. App. Div. · 2019 · confidence medium
People v Tumolo , 149 AD3d 1544, 1544 [4th Dept 2017], lv denied 29 NY3d 1087 [2017]).
discussed Cited as authority (rule) People v. Wesley B.
N.Y. App. Div. · 2018 · confidence medium
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 1⅓ to 4 years ( see People v Tumolo , 149 AD3d 1544, 1544 [4th Dept 2017], lv denied 29 NY3d 1087 [2017]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Brian T. Tumolo
Appellate Division of the Supreme Court of the State of New York.
Apr 28, 2017.
149 A.D.3d 1544
Centra, Scudder, Smith, Troutman, Whalen.
Cited by 3 opinions  |  Published

Appeal from a judgment of the Oswego County Court (Donald E. Todd, J.), rendered August 18, 2015. The judgment convicted defendant, upon his plea of guilty, of criminal sale of a controlled substance in the third degree.

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 criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]), defendant challenges the severity of his sentence. As a preliminary matter, we conclude that the waiver of the right to appeal is invalid because the perfunctory inquiry made by County Court was “insufficient to establish that the court engage [d] the defendant in an adequate colloquy to ensure that the waiver of the right to appeal was a knowing and voluntary choice” (People v Howington, 144 AD3d 1651, 1652 [2016] [internal quotation marks omitted]; see People v Shaw, 133 AD3d 1312, 1313 [2015], lv denied 26 NY3d 1150 [2016]). Nevertheless, we conclude that the sentence is not unduly harsh or severe. We note, however, that the certificate of conviction incorrectly reflects that defendant was sentenced to three years of post-release supervision, and it must therefore be amended to reflect that he was sentenced to two years of postrelease supervision (see e.g. People v Saxton, 32 AD3d 1286, 1286-1287 [2006]).

Present — Whalen, P.J., Smith, Centra, Troutman and Scudder, JJ.