Opinion
03-22-2017
The PEOPLE, etc., 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.
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.
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 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Mack, 142 A.D.3d 1185, 37 N.Y.S.3d 903 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., AUSTIN, ROMAN, HINDS–RADIX and DUFFY, JJ., concur.