Opinion
05-04-2016
The PEOPLE, etc., respondent, v. Dalila FLORES, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Karla Lato of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Suffolk County (Collins, J.), rendered November 13, 2014, convicting her of reckless assault of a child, upon her plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of her right to appeal was invalid because, among other things, the record contained no explanation of the nature of the right to appeal or the implications of waiving such right (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Bruzzo, 136 A.D.3d 1050, 25 N.Y.S.3d 611; People v. Brown, 122 A.D.3d 133, 134–146, 992 N.Y.S.2d 297 ), and the Supreme Court's oral colloquy “improperly conflated the right to appeal with the rights automatically forfeited by a guilty plea” (People v. Wells, 135 A.D.3d 976, 976, 22 N.Y.S.3d 913 ).
Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BALKIN, J.P., ROMAN, MALTESE and CONNOLLY, JJ., concur.