Opinion
2016–05351 Ind.No. 1855/14
08-22-2018
The PEOPLE, etc., respondent, v. Jonathan AYALA, appellant.
Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Ruby D. Andrade on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Hannah Zhao of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Ruby D. Andrade on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., SHERI S. ROMAN, JEFFREY A. COHEN, 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, Kings County (Betty J. Williams, J.), imposed April 15, 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. Chambers, 142 A.D.3d 672, 36 N.Y.S.3d 824 ). The Supreme Court failed to provide an adequate explanation of the right to appeal and, while the defendant signed a written waiver of appeal, the court failed to obtain confirmation that the defendant had read the document before signing it and that he understood it. The written waiver was not signed by counsel and the court failed to confirm that counsel had advised the defendant as to the right to appeal and the legal effect of the written waiver. Accordingly, the defendant's alleged waiver does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., ROMAN, COHEN, DUFFY and LASALLE, JJ., concur.