Opinion
07-20-2016
The PEOPLE, etc., respondent, v. Michael S. OWENS, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant, and appellant pro se. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Gregory Musso on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant, and appellant pro se.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel; Gregory Musso on the memorandum), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gubbay, J.), rendered June 14, 2013, convicting him of rape in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ) and, thus, does not preclude review of his 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 ). By pleading guilty before the Supreme Court decided his motion to suppress certain evidence, the defendant forfeited appellate review of the issues raised in that motion (see CPL 710.70[2] ; People v. Fernandez, 67 N.Y.2d 686, 688, 499 N.Y.S.2d 919, 490 N.E.2d 838 ; People
v. Richardson, 106 A.D.3d 1028, 965 N.Y.S.2d 359 ; People v. Pappacena, 57 A.D.3d 1011, 869 N.Y.S.2d 795 ).
ENG, P.J., HALL, BALKIN, COHEN and MALTESE, JJ., concur.