Opinion
2017–03049 Ind. No. 1180/16
02-13-2019
The PEOPLE, etc., Respondent, v. Santo Alberto ROSA–GOMEZ, Appellant.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, 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 February 7, 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 his right to appeal was invalid, as the record does not demonstrate 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 ; People v. Vinson, 161 A.D.3d 1109, 73 N.Y.S.3d 905 ; People v. Waldon, 157 A.D.3d 913, 66 N.Y.S.3d 906 ; People v. Chestnut, 142 A.D.3d 559, 36 N.Y.S.3d 396 ; People v. Whitney, 125 A.D.3d 795, 999 N.Y.S.2d 899 ). 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., CHAMBERS, COHEN and BARROS, JJ., concur.