Opinion
2017–03659 S.C.I. No. 230/16
09-26-2018
The PEOPLE, etc., Respondent, v. James BAKER, 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 Roni Piplani of counsel; Lorrie A. Zinno 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 Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, JJ.
DECISION & ORDER Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Dorothy Chin–Brandt, J., at plea; Stephanie Zaro, J., at sentence), imposed March 7, 2017, 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. It is not evident on the face of the record that the defendant understood the nature of the right to appeal and that the right to appeal is separate and distinct from the rights automatically forfeited upon a plea of guilty (see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Ayala, 164 A.D.3d 815, 79 N.Y.S.3d 540 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN and MALTESE, JJ., concur.