Opinion
05-04-2016
The PEOPLE, etc., respondent, v. Omar HUNTER, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Victor Barall and Leonard Joblove of counsel; Robert Ho on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Victor Barall and Leonard Joblove of counsel; Robert Ho on the memorandum), for respondent.
Opinion Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Del Giudice, J.), imposed May 22, 2014, 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, as the record fails to establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Maracle, 19 N.Y.3d 925, 927–928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Barksdale, 131 A.D.3d 704, 15 N.Y.S.3d 693 ; People v. Bostic, 125 A.D.3d 992, 1 N.Y.S.3d 867 ). Thus, the waiver does not preclude review of the defendant's 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 ).
ENG, P.J., CHAMBERS, AUSTIN, ROMAN and LaSALLE, JJ., concur.