Opinion
2017–09779 Ind. No. 1439/15
05-29-2019
The PEOPLE, etc., Respondent, v. Tracy R. WATKINS, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Nicole L. Gallo of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Nicole L. Gallo of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Martin Efman, J.), imposed October 28, 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, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297 ). The Supreme Court conflated the right to appeal with the rights automatically forfeited by a plea of guilty (see People v. Ortiz, 167 A.D.3d 658, 658, 86 N.Y.S.3d 914 ). Moreover, the court failed to confirm that the defendant understood the nature of the right to appeal and the consequences of waiving it (see People v. Brown, 122 A.D.3d at 142, 992 N.Y.S.2d 297 ). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v. Johnson, 157 A.D.3d 964, 965, 67 N.Y.S.3d 492 ).
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., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.