Opinion
2018–12559 S.C.I. No. 18-00397
10-21-2020
The PEOPLE, etc., respondent, v. Marcus LONG, appellant.
Thomas R. Villecco, Jericho, NY, for appellant. Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jordan K. Hummel and Raffaelina Gianfrancesco of counsel), for respondent.
Thomas R. Villecco, Jericho, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jordan K. Hummel and Raffaelina Gianfrancesco of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
(S.C.I. No. 18–00397)
Appeal by the defendant from a judgment of the County Court, Westchester County (Michael A. Martinelli, J.), rendered September 6, 2018, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). The County Court's statement to the defendant that by waiving his right to appeal, the defendant's "sentence and conviction here will be final," without more, suggested that the waiver may be an absolute bar to the taking of an appeal (see id. ; People v. Aquino, 184 A.D.3d 656, 657, 123 N.Y.S.3d 513 ). However, the defendant's challenge to the amount of restitution imposed is unpreserved for appellate review, since the defendant failed to request a hearing or otherwise challenge the amount of restitution imposed at sentencing (see People v. Sanchez, 103 A.D.3d 819, 820, 959 N.Y.S.2d 458 ). Under the circumstances of this case, we decline to reach the issue in the exercise of our interest of justice jurisdiction.
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.