Opinion
2018–10775 Ind. No. 845/18
11-27-2019
The PEOPLE, etc., Respondent, v. Eric L. HUTCHINSON, Appellant.
Paul Skip Laisure, New York, N.Y. (Hannah Kon of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Hannah Kon of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Lorrie A. Zinno on the memorandum), 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 (Barry Kron, J.), imposed August 2, 2018, 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 (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Brown, 122 A.D.3d 133, 145–146, 992 N.Y.S.2d 297 ). The Supreme Court's colloquy regarding the written waiver consisted of a single inquiry which strung together a number of questions to the defendant, to which the defendant responded with a single affirmative "yes." Through its terse colloquy, the court failed to confirm that the defendant understood the nature of the right to appeal and the consequences of waiving it (see People v. Baker, 174 A.D.3d 914, 103 N.Y.S.3d 311 ; People v. Alston, 163 A.D.3d 843, 843–844, 81 N.Y.S.3d 167 ). Thus, the purported waiver does not preclude this Court's review of his excessive sentence claim (see People v. Fuller, 163 A.D.3d 715, 715, 76 N.Y.S.3d 852 ). 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.