Opinion
2017–13419 Ind. No. 2591/16
06-05-2019
The PEOPLE, etc., Respondent, v. David GOLSON, Appellant.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Roni C. Piplani, and Timothy R. McGrath of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Roni C. Piplani, and Timothy R. McGrath of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, 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 November 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 e.g. People v. Melendez, 164 A.D.3d 1473, 84 N.Y.S.3d 513 ; People v. James, 164 A.D.3d 1363, 81 N.Y.S.3d 743 ; People v. Vinson, 161 A.D.3d 1109, 73 N.Y.S.3d 905 ). The Supreme Court failed to confirm whether the defendant signed, read, or understood the written waiver (see People v. Elmer, 19 N.Y.3d 501, 510, 950 N.Y.S.2d 77, 973 N.E.2d 172 ; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ), and the court's oral colloquy with the defendant did not demonstrate that the defendant understood the distinction between the rights automatically waived by a plea of guilty and the waiver of the right to appeal (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Thus, the purported waiver does not preclude review of the defendant's excessive sentence claim (see id. at 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). 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, BARROS and CONNOLLY, JJ., concur.