Opinion
2017–00352 Ind.No. 1027/16
05-29-2019
The PEOPLE, etc., Respondent, v. Manuel ISRAEL, Appellant.
Paul Skip Laisure, New York, N.Y. (Denise A. Corsi´ of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Ruby D. Andrade on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Denise A. Corsi´ of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel; Ruby D. Andrade on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, JOSEPH J. MALTESE, LINDA CHRISTOPHER, JJ.
DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Danny K. Chun, J.), imposed November 9, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ). The Supreme Court's terse colloquy at the plea allocution failed to sufficiently advise the defendant of the nature of his right to appeal and the consequences of waiving that right (see People v. Moncrieft, 168 A.D.3d 982, 984, 92 N.Y.S.3d 335 ; People v. Batista, 167 A.D.3d 69, 76, 86 N.Y.S.3d 492 ; People v. Brown, 122 A.D.3d 133, 142, 992 N.Y.S.2d 297 ). Furthermore, although the record on appeal reflects that the defendant executed written appeal waiver forms, the transcript of the plea proceeding shows that the court did not ascertain on the record whether the defendant had read the waivers or discussed them with defense counsel, or whether he was even aware of their contents (see People v. Santeramo, 153 A.D.3d 1286, 1287, 61 N.Y.S.3d 295 ; People v. Brown, 122 A.D.3d at 139, 992 N.Y.S.2d 297 ). Therefore, the defendant's purported appeal waiver does not preclude appellate review of his contention that the sentence imposed was excessive.
Nevertheless, 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, MALTESE and CHRISTOPHER, JJ., concur.