Opinion
No. 2022-08118 Ind. No. 70449/22
10-04-2023
The People of the State of New York, respondent, v. Keyshawn Matthews, appellant.
Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the memorandum), for respondent.
Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the memorandum), for respondent.
BETSY BARROS, J.P., CHERYL E. CHAMBERS, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mary L. Bejarano, J.), imposed September 6, 2022, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the Supreme Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v Bisono, 36 N.Y.3d 1013, 1017-1018; People v Boykin, 2023 NY Slip Op 04133 [2d Dept]; People v Saunders, 206 A.D.3d 826). Thus, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim.
Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
BARROS, J.P., CHAMBERS, FORD and VOUTSINAS, JJ., concur.