Opinion
2006-05908 Ind. No. 10647/96
11-28-2018
The PEOPLE, etc., respondent, v. Sally MILLER, appellant.
Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
JOHN M. LEVENTHAL, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDER
ORDERED that the sentence is modified, as a matter of discretion in the interest of justice, by reducing the term of imprisonment from an indeterminate term of imprisonment of two to six years to an indeterminate term of imprisonment of one to three years.
The defendant's purported waiver of her right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Hurd, 44 A.D.3d 791, 844 N.Y.S.2d 73 ). The record does not demonstrate that the defendant understood the distinction between the right to appeal and the other trial rights which are forfeited incident to a plea of guilty (see People v. Kupershmidt, 152 A.D.3d 797, 798, 59 N.Y.S.3d 139 ; People v. Burnett–Hicks, 133 A.D.3d 773, 19 N.Y.S.3d 181 ). Furthermore, the written waiver form used by the court was invalid (see People v. Hurd, 44 A.D.3d at 792, 844 N.Y.S.2d 73 ). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim.
The sentence was excessive to the extent indicated herein (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
LEVENTHAL, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.