Opinion
2017–03548 Ind. No. 1861/16
08-15-2018
The PEOPLE, etc., respondent, v. Quanisha HANKERSON, appellant.
The Legal Aid Society, New York, N.Y. (Harold V. Ferguson, Jr., New York, of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Brooklyn, and Gamaliel Marrero of counsel; Marielle Burnett on the memorandum), for respondent.
The Legal Aid Society, New York, N.Y. (Harold V. Ferguson, Jr., New York, of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Brooklyn, and Gamaliel Marrero of counsel; Marielle Burnett on the memorandum), for respondent.
MARK C. DILLON, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (Martin P. Murphy, J.), imposed March 3, 2017, upon her plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of her right to appeal was invalid because the court did not make it clear that the waiver of appeal was separate and distinct from the trial rights which the defendant automatically waived as a result of her plea (see People v. Chambers, 142 A.D.3d 672, 36 N.Y.S.3d 824 ) and, thus, does not preclude review of her excessive sentence claim. 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., SGROI, HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.