Appeal from a judgment of the County Court of Tompkins County (Rowley, J.), rendered May 3, 2013, convicting defendant upon his plea of guilty of the crime of manslaughter in the first degree.
Pursuant to a negotiated plea agreement that included an appeal waiver, defendant pleaded guilty to the reduced charge of manslaughter in the first degree in satisfaction of a seven-count indictment. Prior to sentencing, defendant sent a pro se letter to County Court seeking to withdraw his guilty plea and requesting the assignment of substitute counsel. After an inquiry, the court denied the motion and imposed the agreed-upon sentence of 15 years in prison followed by five years of postrelease supervision. Defendant appeals.
With regard to the guilty plea, County Court failed to adequately advise defendant of the constitutional trial-related rights that he was waiving by pleading guilty, namely, “the privilege against self-incrimination and the rights to a jury trial and to be confronted by witnesses” (People v Tyrell, 22 NY3d 359, 365 [2013], citing Boykin v Alabama, 395 US 238, 243 [1969]; see People v Mones, 130 AD3d at 1245-1246; People v Vences, 125 AD3d 1050, 1051 [2015]).2 While there is no “mandatory catechism” required of a pleading defendant (People v Alexander, 19 NY3d 203, 219 [2012] [internal quotation marks and citation omitted]), “there must be ‘an affirmative showing on the record’ that the defendant waived his [or her] constitutional rights” (People v Tyrell, 22 NY3d at 365, quoting People v Fiumefreddo, 82 NY2d 536, 543 [1993]; see People v
Garry, Rose and Clark, JJ., concur. Ordered that the judgment is reversed, as a matter of discretion in the interest of justice, and matter remitted to the County Court of Tompkins County for further proceedings not inconsistent with this Court’s decision.
1.
The plea memorandum contemplated that defendant would sign a written appeal waiver at sentencing, but this never occurred.
2.
Although defendant did not raise this claim in his motion to withdraw his guilty plea, the Court of Appeals has suggested that preservation may not be required for this type of error (see People v Tyrell, 22 NY3d at 364; People v Klinger, 129 AD3d at 1116; People v Vences, 125 AD3d at 1051 n). In any event, we exercise our interest of justice jurisdiction to reverse the judgment of conviction (see CPL 470.15 [3] [c]).