Opinion
2014-06289
03-22-2017
The People of the State of New York, respondent, v. Gerald Spears, appellant.
Lynn W. L. Fahey, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Gregory Musso on the memorandum), for respondent.
LEONARD B. AUSTIN SHERI S. ROMAN SYLVIA O. HINDS-RADIX COLLEEN D. DUFFY, JJ. (Ind. No. 4423/12)
Lynn W. L. Fahey, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Gregory Musso on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 23, 2014, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid. By informing the defendant that, in its courtroom, "everybody" who pleads guilty "waives their right to appeal," the Supreme Court improperly conflated the right to appeal with one of the rights automatically forfeited by a plea of guilty (see People v Lopez, 6 NY3d 248, 256-257; People v Mack, 142 AD3d 1185).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., AUSTIN, ROMAN, HINDS-RADIX and DUFFY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court