Opinion
2017–04726 Ind. No. 5312/16
12-26-2018
The PEOPLE, etc., Respondent, v. Rodney CHANDLER, Appellant.
Paul Skip Laisure, New York, N.Y. (Melissa Lee of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Anna Arena on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Melissa Lee of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Anna Arena on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., SANDRA L. SGROI, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the sentence is affirmed.
A defendant who has validly waived the right to appeal cannot invoke this Court's interest of justice jurisdiction to obtain a reduced sentence (see People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). Here, however, this Court is not precluded from exercising its interest of justice jurisdiction because the defendant's purported waiver of his right to appeal was invalid. The Supreme Court failed to provide the defendant with an adequate explanation of the nature of the right to appeal and the consequences of waiving that right (see People v. Alston, 163 A.D.3d 843, 81 N.Y.S.3d 167 ; People v. Etienne, 152 A.D.3d 790, 59 N.Y.S.3d 427 ). Additionally, the record does not demonstrate that the defendant understood the distinction between the right to appeal and the other trial rights that are forfeited incident to a plea of guilty (see People v. Medina, 161 A.D.3d 778, 779, 76 N.Y.S.3d 629 ; People v. Guniss, 160 A.D.3d 895, 896, 75 N.Y.S.3d 224 ). Moreover, although the court indicated that the defendant executed a written waiver of his right to appeal, the transcript of the plea proceeding demonstrates that the court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents (see People v. Medina, 161 A.D.3d at 779, 76 N.Y.S.3d 629 ; People v. Santeramo, 153 A.D.3d 1286, 1287, 61 N.Y.S.3d 295 ; People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297 ). Under the circumstances of this case, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal (see People v. Medina, 161 A.D.3d at 779, 76 N.Y.S.3d 629 ; People v. Guniss, 160 A.D.3d at 896, 75 N.Y.S.3d 224 ; People v. Johnson, 157 A.D.3d 964, 965, 67 N.Y.S.3d 492 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ).
Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., SGROI, HINDS–RADIX and CHRISTOPHER, JJ., concur.