People v. Chuan Mu FuPeople v. Chuan Mu Fu
Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Sarah G. Pitts of counsel; Katherine E. Giordano on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (William Miller, J.), imposed February 7, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
During plea bargaining, the People offered the defendant a sentence promise of 10 years’ incarceration to be followed by 5 years of postrelease supervision in exchange for the defendant‘s plea of guilty to assault in the first degree, which was the top count in the indictment, and the defendant‘s execution of a waiver of the right to appeal. The defendant rejected the People‘s offer. The Supreme Court then offered to sentence the defendant to 7 years’ incarceration to be followed by 5 years of
Since the People were not party to any plea bargain in which the defendant waived the right to appeal, and since the Supreme Court reached beyond its interest in determining an appropriate sentence by extracting from the defendant a waiver of the right to appeal, the defendant‘s purported waiver of the right to appeal is unenforceable (see People v Sutton, _____ AD3d _____, 2020 NY Slip Op 03400 [2d Dept]; see also
Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court