Opinion
2014–07614 Ind.No. 101/14
04-27-2018
The PEOPLE, etc., respondent, v. Eduardo B. QUINONES, appellant.
Gary E. Einsenberg, New City, NY, for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Gary E. Einsenberg, New City, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
WILLIAM F. MASTRO, J.P., MARK C. DILLON, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Jeffrey G. Berry, J.), rendered July 1, 2014, convicting him of burglary in the third 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 because the County Court's colloquy failed to ensure that the defendant understood the distinction between the right to appeal and the other rights that are automatically forfeited upon a plea of guilty (see People v. Resnick, 159 A.D.3d 724, 724, 69 N.Y.S.3d 510 ; People v. Wells, 135 A.D.3d 976, 976, 22 N.Y.S.3d 913 ). Accordingly, the waiver does not preclude review of the defendant's 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 ).
MASTRO, J.P., DILLON, CONNOLLY and IANNACCI, JJ., concur.