Opinion
2016–12676 Ind. No. 6927/15
01-16-2019
The PEOPLE, etc., Respondent, v. Tyreek HAYES, Appellant.
Paul Skip Laisure, New York, N.Y. (Alice R.B. Cullina of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Alice R.B. Cullina of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall of counsel; Robert Ho on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Martin P. Murphy, J.), imposed November 3, 2016, 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. The plea court's terse oral colloquy regarding the waiver of the right to appeal and the failure to present the waiver as a voluntary choice to be made by the defendant was insufficient to ensure that the waiver was made knowingly, intelligently, and voluntarily (see People v. McWhite, 161 A.D.3d 1106, 73 N.Y.S.3d 907 ; People v. Medina, 161 A.D.3d 778, 76 N.Y.S.3d 629 ; People v. Guniss, 160 A.D.3d 895, 75 N.Y.S.3d 224 ). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., SGROI, HINDS–RADIX and CHRISTOPHER, JJ., concur.