Opinion
2018–02023 Ind. No. 497/16
08-26-2020
The PEOPLE, etc., respondent, v. Kimberly GRAZIANO, appellant.
Laurette D. Mulry, Central Islip, N.Y. (Edward E. Smith of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Laurette D. Mulry, Central Islip, N.Y. (Edward E. Smith of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Suffolk County (John B. Collins, J.), imposed September 19, 2017, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant did not validly waive the right to appeal, since the Supreme Court failed to explain the nature of the right to appeal and the consequences of waiving that right on the record (see People v. Parrish, 179 A.D.3d 841, 113 N.Y.S.3d 900 ). Thus, appellate review of her contention that the sentence imposed was excessive is not precluded by the purported waiver. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.