Opinion
2016–07346 Ind. No. 2483/15
04-10-2019
The PEOPLE, etc., Respondent, v. Jeffrey ROGERS, Appellant.
Paul Skip Laisure, New York, N.Y. (Patricia Pazner of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni C. Piplani of counsel; Deanna Russo on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Patricia Pazner of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni C. Piplani of counsel; Deanna Russo on the memorandum), for respondent.
WILLIAM F. MASTRO, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by this motion, from a sentence of the Supreme Court, Queens County (Stephen Knopf, J.), imposed June 24, 2016, 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 (see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ), and thus, does not preclude review of his excessive sentence claim. The defendant's execution of a written waiver form does not overcome the inadequacy of the Supreme Court's explanation of the right to appeal, and defense counsel's off-the-record explanation to the defendant of the waiver form cannot compensate for the deficiencies in the court's oral colloquy (see People v. Brown, 122 A.D.3d at 138–139, 992 N.Y.S.2d 297 ).
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., MILLER, DUFFY and LASALLE, JJ., concur.