The Appellate Division affirmed a judgment of the Supreme Court, Bronx County (Roger S. Hayes, J.), which had convicted defendant, upon a plea of guilty, of robbery in the first degree, and sentenced him, as a second felony offender, to a term of imprisonment of 10 years. People v. Moyett, 22 AD3d 114, reversed. Center for Appellate Litigation, New York City ( Robert S. Dean and Mark W. Zeno of counsel), for appellant.
Decided August 29, 2006. Appeal from the Reported below, 22 AD3d 114. Motion for assignment of counsel granted and Robert S. Dean, Esq., Center for Appellate Litigation, 74 Trinity Place, 11th Floor, New York, NY 10006 assigned as counsel to the appellant on the appeal herein.
Decided July 18, 2006. Appeal from the 1st Dept: 22 AD3d 114 (Bronx). Read, J.
November 1, 2005. Appeal from 1st Dept: 22 AD3d 114 (Bronx). Application in criminal case for leave to appeal denied.
Subsequently, the court imposed the promised sentence. On appeal, defendant maintains that the waiver of his right to appeal was invalid, and thus this Court may, in the interest of justice, review his sentence, which he claims is excessive. For the reasons stated in my concurring opinion in People v Moyett ( 22 AD3d 114, 118-122, lv granted 7 NY3d 792), the court conducted an insufficient inquiry to determine whether defendant's waiver of his right to appeal was intelligent and voluntary ( see also People v Lopez, 6 NY3d 248, 256-257). Therefore, I would hold that there was no valid appeal waiver, and accordingly, that defendant is entitled to a review of his excessive sentence claim ( id. at 257).