Opinion
2016–08622 Ind. No. 6955/13
08-15-2018
The PEOPLE, etc., respondent, v. Jermaine PAYNE, appellant.
Paul Skip Laisure, New York, N.Y. (Charity L. Brady of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Masha Simonova on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Charity L. Brady of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel; Masha Simonova on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., LEONARD B. AUSTIN, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, JOSEPH J. MALTESE, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Joseph E. Gubbay, J.), imposed October 13, 2015, 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 because, among other things, the Supreme Court's oral colloquy improperly conflated the right to appeal with the rights automatically forfeited by a plea of guilty (see People v. Mack, 142 A.D.3d 1185, 37 N.Y.S.3d 903 ; People v. Flores, 139 A.D.3d 753, 753, 29 N.Y.S.3d 190 ). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., AUSTIN, MILLER, HINDS–RADIX and MALTESE, JJ., concur.