Opinion
2016–09567 2016–09568 Ind. No. 863/15
04-17-2019
The PEOPLE, etc., Respondent, v. Tyrell BLOCKER, Appellant.
Janet E. Sabel, New York, N.Y. (Eve Kessler of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel), for respondent.
Janet E. Sabel, New York, N.Y. (Eve Kessler of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel), for respondent.
MARK C. DILLON, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDERAppeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Barry Kron, J.), both imposed August 2, 2016, on the ground that the sentences were excessive.ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid, since the waiver conflated the right to appeal with the other rights automatically waived by pleading guilty (see People v. Pierre , 165 A.D.3d 1175, 84 N.Y.S.3d 783 ). Accordingly, the purported waiver does not preclude review of his excessive sentence claims (see People v. Vinson , 161 A.D.3d 1109, 73 N.Y.S.3d 905 ). However, the sentences imposed were not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.