Opinion
2016–09479 Ind.No. 9609/11
01-09-2019
The PEOPLE, etc., Respondent, v. Phillip JACK, 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 Morgan J. Dennehy of counsel; Robert Ho 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 Morgan J. Dennehy of counsel; Robert Ho on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Frederick Ariaga, J.), imposed July 19, 2016, upon his plea of guilty (Joseph E. Gubbay, J.), on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Under the circumstances of this case, the defendant's purported waiver of his right to appeal was invalid and does not preclude review of his excessive sentence claim (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The Supreme Court's terse colloquy failed to advise the defendant of the nature of the right to appeal, and there is no indication in the record that the defendant understood the distinction between the right to appeal and other trial rights that are forfeited incident to a plea of guilty (see People v. Hong Mo Lin, 163 A.D.3d 849, 849–850, 79 N.Y.S.3d 656 ; People v. Guarchaj, 122 A.D.3d 878, 879, 996 N.Y.S.2d 372 ). Although the defendant signed a written waiver of his right to appeal, the court did not ascertain on the record whether he had read the waiver or was aware of its contents (see People v. Bratton, 165 A.D.3d 693, 82 N.Y.S.3d 738 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.