Opinion
2015–11406 S.C.I. No. 2070/15
01-16-2019
The PEOPLE, etc., Respondent, v. Oma RAJBAR, Appellant.
Paul Skip Laisure, New York, N.Y. (Rebecca J. Gannon of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Ilan Borochov on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Rebecca J. Gannon of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher J. Blira–Koessler of counsel; Ilan Borochov on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., SYLVIA O. HINDS–RADIX, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid (see People v. Glover , 164 A.D.3d 1259, 80 N.Y.S.3d 916 ; People v. Valentin , 162 A.D.3d 693, 74 N.Y.S.3d 767 ). The Supreme Court conflated the defendant's right to appeal with the rights automatically forfeited by a plea of guilty, and failed to ascertain on the record whether the defendant had read the written waiver of the right to appeal or discussed its provisions with his attorney. However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., HINDS–RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.