Opinion
2016–05126 Ind. No. 2001/15
03-11-2020
The PEOPLE, etc., Respondent, v. Modraan TAYEH, Appellant.
Paul Skip Laisure, New York, N.Y. (Erica Horwitz of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Kathleen Halliday on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Erica Horwitz of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Kathleen Halliday on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed April 28, 2016, upon his plea of guilty, on the ground that the sentence was excessive. ORDERED that the sentence is affirmed.
Contrary to the People's contention, the record does not reflect 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 colloquy did not ensure that the defendant understood the distinction between the right to appeal and the other trial rights which are forfeited incident to 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 ; People v. Portillo, 178 A.D.3d 860, 111 N.Y.S.3d 859 ; People v. Batista, 167 A.D.3d 69, 76, 86 N.Y.S.3d 492 ). Also, the court's colloquy and written waiver improperly mischaracterized the appellate rights waived as encompassing an absolute bar to the taking of a direct appeal and the loss of attendant rights to counsel and poor person relief, and also all postconviction relief separate from the direct appeal (see People v. Thomas, ––– N.Y.3d ––––, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545 *8 [2019] ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.