Opinion
2016–01418 2017–01434 Ind. Nos. 3965/15 9822/15
12-29-2017
The PEOPLE, etc., respondent, v. Adam SMITH, appellant.
Paul Skip Laisure, New York, N.Y. (Rebecca J. Gannon of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Masha Simonova on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Rebecca J. Gannon of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Masha Simonova on the memorandum), for respondent.
RANDALL T. ENG, P.J., CHERYL E. CHAMBERS, SANDRA L. SGROI, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDERAppeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Martin Murphy, J.), both imposed January 21, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The record of the plea proceeding does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waivers of the defendant's right to appeal are not enforceable (see People v. Simon, 153 A.D.3d 1435, 60 N.Y.S.3d 693 ; 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 sentences imposed were 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.