Opinion
2017–00196 Ind. No. 2532/14
05-23-2018
The PEOPLE, etc., respondent, v. Phillip VINSON, appellant.
Paul Skip Laisure, New York, N.Y. (Charity L. Brady of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Victoria Randall on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Charity L. Brady of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and William H. Branigan of counsel; Victoria Randall on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., JOHN M. LEVENTHAL, BETSY BARROS, FRANCESCA E. CONNOLLY, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from an amended sentence of the Supreme Court, Queens County (Douglas Wong, J.), imposed December 1, 2016, revoking a sentence of probation previously imposed by the same court (Barry Kron, J.), upon a finding that he violated conditions thereof, upon his admission, and imposing a sentence of imprisonment upon his previous conviction of criminal possession of a weapon in the third degree on the ground that the amended sentence was excessive.
ORDERED that the amended sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid, as the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Pelaez , 100 A.D.3d 803, 803–804, 954 N.Y.S.2d 554 ; see also People v. Harrison , 153 A.D.3d 1277, 59 N.Y.S.3d 704 ; People v. Sulsona , 134 A.D.3d 861, 19 N.Y.S.3d 909 ; People v. Batista , 114 A.D.3d 696, 979 N.Y.S.2d 819 ).
Nevertheless, the amended sentence was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., LEVENTHAL, BARROS, CONNOLLY and IANNACCI, JJ., concur.