People v. Michael

Appellate Division of the Supreme Court of the State of New York

Aug 20, 2014

2013-03222

Versions:120 A.D.3d 713

990 N.Y.S.2d 879

2014 NY Slip Op 05899

2014 N.Y. App. Div. LEXIS 5839

2014 WL 4085859

Ordered that the sentence is affirmed.

The defendant‘s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256 [2006]). The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” (People v Bradshaw, 18 NY3d 257, 267 [2011]; see People v Johnson, 113 AD3d 635, 635 [2014]). Therefore, notwithstanding the defendant‘s execution of the written waiver form, it cannot be said that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v Pressley, 116 AD3d 794 [2014]). Accordingly, review of the defendant‘s excessive sentence claim is not precluded.

Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Dillon, Lott, Sgroi and Maltese, JJ., concur.