Opinion
2017–02772 S.C.I. No. 90165/16
07-17-2019
The PEOPLE, etc., Respondent, v. Samir PELINKOVIC, Appellant.
Paul Skip Laisure, New York, N.Y. (Samuel Barr of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Samuel Barr of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Alexander Fumelli 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, Richmond County (Alan J. Meyer, J.), imposed February 6, 2017, 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, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). The Supreme Court's terse colloquy at the plea allocution failed to sufficiently advise the defendant of the nature of the right to appeal and the consequences of waiving it (see People v. Farrell, 169 A.D.3d 919, 94 N.Y.S.3d 164 ; People v. Donohue, 118 A.D.3d 908, 987 N.Y.S.2d 240 ), and failed to adequately distinguish between this right and the trial rights automatically forfeited as part of a plea of guilty (see People v. Moyett, 7 N.Y.3d 892, 892–893, 826 N.Y.S.2d 597, 860 N.E.2d 59 ; People v. Guarchaj, 122 A.D.3d 878, 879, 996 N.Y.S.2d 372 ; People v. Pelaez, 100 A.D.3d 803, 803, 954 N.Y.S.2d 554 ). Accordingly, the defendant's invalid waiver does not preclude review of his 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.