What did the court decide?

The court vacated the conviction for second-degree criminal trespass and otherwise affirmed the burglary conviction and sentence, including the five-year term of postrelease supervision.

Why was the trespass conviction vacated?

Because the record shows the defendant did not plead guilty to that specific offense, and the People conceded it must be vacated.

Does the appellate waiver invalidate the appeal?

The court found the record did not show a valid waiver because defendant lacked a full appreciation of its consequences, so the waiver did not preclude appellate review.

Can the five-year postrelease supervision be reduced?

The court reviewed the claim and found no basis to reduce the five-year postrelease supervision term, so it remains in place.

The trial court's judgment is modified to vacate the trespass conviction; other parts of the judgment, including the burglary conviction and PRS term, remain in effect.

People v. Parrott

Docket Ind No. 659/17|Appeal No. 6528|Case No. 2019-03753|

Court of record · Indexed in NoticeRegistry archive · AI-enriched for research

Criminal AppealAffirmed in Part, Reversed in Part

Filed: May 5, 2026 · yesterday
Jurisdiction: New York
Court: Appellate Division of the Supreme Court of the State of New York
Type: Opinion
Case type: Criminal Appeal
Disposition: Affirmed in Part, Reversed in Part
Citation: 2026 NY Slip Op 02791
Docket numbers: Ind No659/17Appeal No6528Case No2019-03753

Appeal from a 2019 judgment following a guilty plea and sentencing in Supreme Court, New York County.

Summary

The Appellate Division, First Department, reviewed defendant Dominique Parrott’s appeal from a 2019 judgment convicting him, following a guilty plea, of second-degree burglary and second-degree criminal trespass and sentencing him to 3½ years in prison plus five years’ postrelease supervision (PRS) on the burglary conviction and a concurrent one-year term on the trespass conviction. The court held that Parrott did not validly waive his right to appeal because the record did not show he fully appreciated the consequences of the waiver, but it nevertheless found no basis to reduce the five-year PRS term. The court vacated the trespass conviction and otherwise affirmed the judgment.

Issues Decided

Whether the defendant validly waived his right to appeal when entering a guilty plea.
Whether the five-year term of postrelease supervision imposed on the burglary conviction should be reduced.
Whether the conviction and sentence for second-degree criminal trespass must be vacated because the defendant did not plead guilty to that offense.

Court's Reasoning

The court found the record did not establish that defendant had a full appreciation of the consequences of an appeal waiver, so the waiver was not valid under governing precedent. However, after reviewing the record, the court saw no legal basis to disturb the five-year postrelease supervision term imposed on the burglary conviction. The People conceded — and the court agreed — that the trespass conviction had to be vacated because defendant never pleaded guilty to that specific charge.

Authorities Cited

People v Thomas34 NY3d 545 (2019), cert denied 589 U.S. 1302 (2020)
People v Alexander62 AD3d 719 (2d Dept 2009), lv denied 13 NY3d 794 (2009)
People v Rosario22 AD3d 871 (2d Dept 2005), lv denied 6 NY3d 780 (2006)

Parties

Appellant: Dominique Parrott
Respondent: The People of the State of New York
Judge: Juan M. Merchan
Attorney: Twyla Carter, The Legal Aid Society (DÉsirÉe Sheridan of counsel)
Attorney: Alvin L. Bragg, Jr., District Attorney (Matthew Osnowitz of counsel)

Key Dates

Decision date: 2026-05-05
Original judgment date: 2019-05-06

What You Should Do Next

1
Record correction and sentencing docket update
Ensure the trial court docket and sentencing judgment are amended to reflect the vacatur of the second-degree criminal trespass conviction.
2
Consult defense counsel about further review
If defendant wishes to pursue further relief, discuss options such as an application for leave to appeal to the Court of Appeals or postconviction remedies regarding the plea or PRS term.
3
Administrative compliance
The Department of Corrections and community supervision authorities should be notified of the vacated trespass conviction and the unchanged PRS term to update custody and supervision records.

Frequently Asked Questions

What did the court decide?: The court vacated the conviction for second-degree criminal trespass and otherwise affirmed the burglary conviction and sentence, including the five-year term of postrelease supervision.
Why was the trespass conviction vacated?: Because the record shows the defendant did not plead guilty to that specific offense, and the People conceded it must be vacated.
Does the appellate waiver invalidate the appeal?: The court found the record did not show a valid waiver because defendant lacked a full appreciation of its consequences, so the waiver did not preclude appellate review.
Can the five-year postrelease supervision be reduced?: The court reviewed the claim and found no basis to reduce the five-year postrelease supervision term, so it remains in place.
What happens next?: The trial court's judgment is modified to vacate the trespass conviction; other parts of the judgment, including the burglary conviction and PRS term, remain in effect.

The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.

Full Filing Text

People v Parrott - 2026 NY Slip Op 02791

People v Parrott

2026 NY Slip Op 02791

May 5, 2026

Appellate Division, First Department

The People of the State of New York, Respondent,

v

Dominique Parrott, Defendant-Appellant.

Decided and Entered: May 05, 2026

Ind No. 659/17|Appeal No. 6528|Case No. 2019-03753|

Before: Manzanet-Daniels, J.P., Kapnick, Rodriguez, Pitt-Burke, O'neill Levy, JJ.

Twyla Carter, The Legal Aid Society, New York (DÉsirÉe Sheridan of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Matthew Osnowitz of counsel), for respondent.

Judgment, Supreme Court, New York County (Juan M. Merchan, J.), rendered May 6, 2019, convicting defendant, upon his plea of guilty, of burglary in the second degree and criminal trespass in the second degree, and sentencing him to a prison term of 3½ years followed by 5 years of postrelease supervision on the burglary count and a concurrent term of one year on the criminal trespass count, unanimously modified, on the law, to the extent of vacating his conviction of criminal trespass in the second degree, and otherwise affirmed.

Defendant did not validly waive his right to appeal, as the record does not establish that defendant had a "full appreciation of the consequences" of the waiver (People v Thomas, 34 NY3d 545, 560 [2019], cert denied 589 US 1302 [2020] [internal quotation marks omitted]). Nevertheless, we perceive no basis for reducing the five-year term of postrelease supervision.

As the People concede, defendant's conviction and sentence for criminal trespass in the second degree must be vacated because he "did not plead guilty to that offense" (
People v Alexander
, 62 AD3d 719, 720 [2d Dept 2009],
lv denied
13 NY3d 794 [2009];
see also People v Rosario
, 22 AD3d 871, 872 [2d Dept 2005],
lv denied
6 NY3d 780 [2006]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: May 5, 2026