Opinion
2016–01646 2016–01647 Ind. Nos. 7910/14, 8671/14
12-12-2018
The PEOPLE, etc., Respondent, v. Shahleek BRADLEY, Appellant.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Christian Ro on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Christian Ro on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Betty J. Williams, J.), both imposed January 25, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Ayala, 164 A.D.3d 815, 79 N.Y.S.3d 540 ; People v. Jones, 158 A.D.3d 775, 68 N.Y.S.3d 769 ). The Supreme Court failed to provide an adequate explanation of the right to appeal, and while the defendant signed a written waiver of appeal, the court failed to obtain confirmation that the defendant had read the document before signing it and that he understood it. As a result, the defendant's alleged waiver does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN and MALTESE, JJ., concur.