Opinion
2017-13399 Ind. No. 10338/16
08-21-2019
The PEOPLE, etc., respondent, v. Malik FLUDD, appellant.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Christopher J. Blira–Koessler, and Timothy R. McGrath of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Lynn W.L. Fahey of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Christopher J. Blira–Koessler, and Timothy R. McGrath of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, 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, Queens County (Marcia P. Hirsch, J.), imposed November 14, 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 the right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). The Supreme Court failed to provide an adequate explanation of the nature of the right to appeal and the consequences of waiving it, and although the defendant signed a written waiver of his right to appeal, the court failed to ascertain on the record whether the defendant read and understood that document (see People v. Bradley, 167 A.D.3d 768, 87 N.Y.S.3d 513 ; see also People v. Medina, 161 A.D.3d 778, 779, 76 N.Y.S.3d 629 ). Since the defendant's purported appeal waiver was invalid, this Court is not preluded from reviewing the defendant's contention that the sentence imposed was excessive.
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, MILLER, DUFFY and LASALLE, JJ., concur.