Opinion
No. 2022-06908 Ind. No. 70057/22
02-14-2024
The People of the State of New York, respondent, v. Karim Smith, appellant.
Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill of counsel; Christopher Moore on the memorandum), for respondent.
Patricia Pazner, New York, NY (Victoria L. Benton of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill of counsel; Christopher Moore on the memorandum), for respondent.
BETSY BARROS, J.P. PAUL WOOTEN BARRY E. WARHIT JANICE A. TAYLOR LAURENCE L. LOVE, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (John F. Zoll, J.), imposed August 18, 2022, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 N.Y.3d 248, 256). The Supreme Court did not address the appeal waiver as part of the plea agreement being offered to the defendant before the agreement was reached, and it was not until after the defendant had already admitted his guilt that the court discussed the waiver with the defendant (see People v Heft, 220 A.D.3d 806; People v Blake, 210 A.D.3d 901, 901; People v Adyl K., 187 A.D.3d 1208, 1208-1209; People v Sutton, 184 A.D.3d 236, 245; People v Artis, 177 A.D.3d 758, 759). Thus, the defendant's purported waiver of his right to appeal does not preclude appellate review of his excessive sentence claim (see People v Artis, 177 A.D.3d at 759).
However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
BARROS, J.P., WOOTEN, WARHIT, TAYLOR and LOVE, JJ., concur.