Opinion
09-28-2016
The PEOPLE, etc., respondent, v. Jermaine BYNUM, appellant.
Lynn W.L. Fahey, New York, NY (Laura B. Tatelman of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Marielle Burnett on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (Laura B. Tatelman of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Jill Oziemblewski of counsel; Marielle Burnett on the memorandum), for respondent.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed July 17, 2015, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record of the plea proceeding is inadequate to demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of his right to appeal is not enforceable (see People v. Matos, 102 A.D.3d 890, 891, 957 N.Y.S.2d 902 ). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., BALKIN, DICKERSON, HINDS–RADIX and BARROS, JJ., concur.