Opinion
2017–12097 Ind. No. 9187/16
06-24-2020
The PEOPLE, etc., respondent, v. Ronald GISCOMBE, appellant.
Janet E. Sabel, New York, N.Y. (Ying–Ying Ma of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Isaac Belenkiy on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Ying–Ying Ma of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Solomon Neubort of counsel; Isaac Belenkiy 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, Kings County (Dena E. Douglas, J.), imposed August 3, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 265, 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 (see People v. Farrell, 169 A.D.3d 919, 919–920, 94 N.Y.S.3d 164 ; People v. Nugent, 109 A.D.3d 625, 625, 970 N.Y.S.2d 634 ). There is no indication in the record 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 at 920, 94 N.Y.S.3d 164 ; People v. Hong Mo Lin, 163 A.D.3d 849, 849, 79 N.Y.S.3d 656 ; People v. Santeramo, 153 A.D.3d 1286, 1286, 61 N.Y.S.3d 295 ). Accordingly, the defendant's purported appeal waiver does not preclude review of his excessive sentence claim (see People v. Bradshaw, 18 N.Y.3d at 264–265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Conley, 150 A.D.3d 1023, 1023, 55 N.Y.S.3d 320 ; cf. People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ).
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.