Opinion
2017–01011 Ind.No. 1995/15
01-16-2019
The PEOPLE, etc., Respondent, v. Giovanny ALTAMIRANO, Appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan 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. (Edward A. Bannan of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
ORDERED that the sentence is affirmed.
As the People correctly concede, the defendant's purported waiver of the right to appeal was invalid. The Supreme 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 133, 142, 992 N.Y.S.2d 297 ). Although the record of the proceedings reflects that the defendant executed a written waiver of his right to appeal, no written waiver is contained in the record on appeal. Moreover, the court failed to ascertain on the record whether the defendant was aware of the waiver's contents and fully understood its nature and consequences (see People v. Iovino, 142 A.D.3d 561, 561–562, 36 N.Y.S.3d 216 ; People v. Brown, 122 A.D.3d at 145, 992 N.Y.S.2d 297 ). Thus, the waiver does not preclude review of the defendant's 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 ).
MASTRO, J.P., LEVENTHAL, DUFFY and LASALLE, JJ., concur.