Opinion
2018–12402
03-18-2020
The PEOPLE, etc., Respondent, v. Marcos RIVERA, Appellant.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Ellen C. Abbot of counsel; Eleanor Reilly on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Ellen C. Abbot of counsel; Eleanor Reilly on the memorandum), for respondent.
MARK C. DILLON, J.P. LEONARD B. AUSTIN SHERI S. ROMAN SYLVIA O. HINDS–RADIX LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid on the grounds that the Supreme Court advised the defendant that by virtue of the waiver, he was "foreclosed forever from complaining about any errors that may have occurred during the course of this proceeding" (see People v. Thomas, 34 N.Y.3d 545, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545, 2019 WL 6312521 [2019] ), and conflated the right to appeal with the rights automatically forfeited by a plea of guilty (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.