Opinion
2018-07417 Ind. No. 9502/15
12-11-2019
The PEOPLE, etc., Respondent, v. James ANGLADE, Appellant.
Janet E. Sabel, New York, N.Y. (Susan Epstein of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Susan Epstein of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the sentence is affirmed.
Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw , 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). The record does not demonstrate that the defendant understood the distinction between the right to appeal and the other trial rights forfeited incident to a plea of guilty (see People v. Ryerson , 172 A.D.3d 909, 98 N.Y.S.3d 435 ; People v. Torres , 168 A.D.3d 887, 89 N.Y.S.3d 899 ). Furthermore, although the record on appeal reflects that the defendant executed a written appeal waiver form, the transcript of the plea proceeding shows that the Supreme Court did not ascertain on the record whether the defendant had read the written waiver, discussed it with his attorney, or was even aware of its contents before signing it (see People v. McTerrell , 174 A.D.3d 648, 101 N.Y.S.3d 868 ; People v. Israel , 172 A.D.3d 1405, 99 N.Y.S.3d 634 ; People v. Moncrieft , 168 A.D.3d 982, 985, 92 N.Y.S.3d 335 ). Under these circumstances, the defendant's purported waiver of his right to appeal was invalid, and does not preclude appellate review of his excessive sentence claim (see People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
Nevertheless, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN and CHRISTOPHER, JJ., concur.