People v Fuller
Appellate Division, Second Department
July 11, 2018
2018 NY Slip Op 05194 [163 AD3d 715]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 29, 2018.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Matthew Sciarrino, Jr., J.), imposed July 8, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant‘s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Little, 127 AD3d 1235, 1235-1236 [2015]; People v Brown, 122 AD3d 133, 137 [2014]). In light of the defendant‘s age, lack of experience with the criminal justice system, and mental health history, the Supreme Court‘s limited colloquy did not ensure the defendant‘s understanding of the distinction between the right to appeal and the other rights that are automatically forfeited on a plea of guilty (see People v Bradshaw, 18 NY3d at 264; People v DeMicheli, 129 AD3d 743 [2015]). Thus, the waiver does not preclude review of the defendant‘s excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Miller, Duffy and LaSalle, JJ., concur.