People v. Mitchell

Sep 28, 2016
2015-07346
Versions:

■ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v LAMAR MACK, Appellant. [37 NYS3d 903]—Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed September 15, 2014, 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 because, among other things, the Supreme Court‘s oral colloquy improperly conflated the right to appeal with the rights automatically forfeited by a guilty plea (see People v Flores, 139 AD3d 753, 753 [2016]; People v Wells, 135 AD3d 976, 976 [2016]).

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