Opinion
2018-07014 Ind. No. 2290/17
12-04-2019
The PEOPLE, etc., Respondent, v. Alfonso SMALLS, Appellant.
Paul Skip Laisure, New York, N.Y. (Grace DiLaura of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Eleanor Reilly on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Grace DiLaura of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Eleanor Reilly on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry Kron, J.), imposed April 26, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). The Supreme Court's terse colloquy at the plea allocution failed to sufficiently advise the defendant of the nature of his right to appeal, and to assure that the defendant understood the distinction between the right to appeal, which is a right that the defendant was being asked to voluntarily relinquish, and other trial rights that are forfeited incident to a plea of guilty (see People v. Farrell, 169 A.D.3d 919, 920, 94 N.Y.S.3d 164 ). Particularly in light of the defendant's young age, relative inexperience with the criminal justice system, and significant mental health history, the defendant's purported appeal waiver was invalid and does not preclude appellate review of his excessive sentence claim (see People v. Bradshaw, 18 N.Y.3d at 266, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Farrell, 169 A.D.3d at 920, 94 N.Y.S.3d 164 ; People v. Brown, 167 A.D.3d 929, 87 N.Y.S.3d 903 ; People v. Conley, 150 A.D.3d 1023, 1024 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BALKIN, J.P., CHAMBERS, COHEN and CONNOLLY, JJ., concur.