Opinion
11-16-2016
The PEOPLE, etc., respondent, v. Roy RITORTO, appellant.
Lynn W.L. Fahey, New York, NY (Mark W. Vorkink of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Noquel A. Matos on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (Mark W. Vorkink of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Joyce Adolfsen of counsel; Noquel A. Matos on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Kings County (Del Giudice, J.), imposed March 31, 2015, upon his plea of guilty, after remittitur from this Court (see People v. Ritorto, 125 A.D.3d 896, 1 N.Y.S.3d 829 ), on the ground that the resentence was excessive.
ORDERED that the resentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid, as the record fails to establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Maracle, 19 N.Y.3d 925, 927–928, 950 N.Y.S.2d 498, 973 N.E.2d 1272 ; People v. Hunter, 139 A.D.3d 754, 29 N.Y.S.3d 191 ; People v. Barksdale, 131 A.D.3d 704, 15 N.Y.S.3d 693 ; People v. Bostic, 125 A.D.3d 992, 1 N.Y.S.3d 867 ). Thus, the waiver does not preclude review of the defendant's excessive sentence claim. However, the resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., DILLON, SGROI, MILLER and BRATHWAITE NELSON, JJ., concur.