Opinion
05-06-2015
The PEOPLE, etc., respondent, v. Roland RICHARDSON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette M. Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette M. Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Buchter, J.), imposed July 14, 2009, 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 (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ). The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” (People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; see People v. Michael, 120 A.D.3d 713, 990 N.Y.S.2d 879 ; People v. Johnson, 113 A.D.3d 635, 635, 977 N.Y.S.2d 896 ). Therefore, notwithstanding the defendant's execution of the written waiver form, it cannot be said that he knowingly, intelligently, and voluntarily waived his right to appeal (see People v. Brown, 122 A.D.3d at 145–146, 992 N.Y.S.2d 297 ; People v. Michael, 120 A.D.3d at 713–714, 990 N.Y.S.2d 879 ; People v. Pressley, 116 A.D.3d 794, 983 N.Y.S.2d 322 ).Nevertheless, contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., DILLON, LEVENTHAL, HINDS–RADIX and LaSALLE, JJ., concur.