Opinion
2017–03746 2017–03747 2017–03748 2017–03749 S.C.I. Nos. 1158/17, 1275/17, 1276/17, 1277/17
01-16-2019
The PEOPLE, etc., respondent, v. Michael GRAVES, appellant.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Ruby D. Andrade on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (David L. Goodwin of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Camille O'Hara Gillespie of counsel; Ruby D. Andrade on the memorandum), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
ORDERED that the sentences are affirmed.
The defendant's purported waivers of his right to appeal were invalid (see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 137, 992 N.Y.S.2d 297 ; People v. Johnson, 109 A.D.3d 1004, 971 N.Y.S.2d 469 ). The Supreme Court did not confirm that the defendant understood the nature of the right to appeal, and the consequences of waiving that right (see People v. Brown, 122 A.D.3d at 142, 992 N.Y.S.2d 297 ). Although the record reflects that the defendant executed written waivers of his right to appeal, the court did not ascertain on the record whether the defendant had read the waivers or whether he was aware of their contents (see People v. Iovino, 142 A.D.3d 561, 561–562, 36 N.Y.S.3d 216 ; People v. Brown, 122 A.D.3d at 145, 992 N.Y.S.2d 297 ). Under the circumstances, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Brown, 122 A.D.3d at 145, 992 N.Y.S.2d 297 ).
However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur.