Opinion
09-28-2016
The PEOPLE, etc., respondent, v. Lamar MACK, appellant.
Lynn W.L. Fahey, New York, NY, for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY, for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
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 A.D.3d 753, 753, 29 N.Y.S.3d 190 ; People v. Wells, 135 A.D.3d 976, 976, 22 N.Y.S.3d 913 ).
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., AUSTIN, ROMAN, MALTESE and DUFFY, JJ., concur.