Opinion
09-27-2017
The PEOPLE, etc., respondent, v. Kendell SIMON, appellant.
Lynn W.L. Fahey, New York, NY (Caitlin Halpern of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Gamaliel Marrero of counsel; Aleena R. Peerzada on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Gamaliel Marrero of counsel; Aleena R. Peerzada on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed January 14, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of the defendant's right to appeal is not enforceable (see People v. Colon, 153 A.D.3d 550, 56 N.Y.S.3d 884; People v. Head, 147 A.D.3d 1083, 47 N.Y.S.3d 713; People v. Bynum, 142 A.D.3d 1183, 37 N.Y.S.3d 904 ; People v. Burnett–Hicks, 133 A.D.3d 773, 19 N.Y.S.3d 181 ). 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., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur.