Opinion
2018–07993 Ind. 1574/16
05-01-2019
The PEOPLE, etc., Respondent, v. Justin ZMITROVIS, Appellant.
Karen G. Leslie, Riverhead, NY, for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
Karen G. Leslie, Riverhead, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Thomas C. Costello of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Richard Ambro, J.), imposed May 24, 2018, 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 the right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The County Court's limited colloquy did not ensure that the defendant understood the nature of the right to appeal (see id. at 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. DeJesus, 169 A.D.3d 712, 712, 91 N.Y.S.3d 699 ; People v. Brown, 122 A.D.3d 133, 137–138, 992 N.Y.S.2d 297 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.