Opinion
2015-06-03
The PEOPLE, etc., respondent, v. David SINGLETON, also known as Kim Graves, appellant.
Seymour W. James, Jr., New York, N.Y. (Adrienne M. Gantt of counsel; Jessica Tsant on the brief), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel; Gregory Musso on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Adrienne M. Gantt of counsel; Jessica Tsant on the brief), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Ross of counsel; Gregory Musso on the memorandum), for respondent.
Appeals by the defendant, as limited by his motion, from three sentences of the Supreme Court, Kings County (Jeong, J.), all imposed December 20, 2012.
ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297). The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” (People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645; see People v. Michael, 120 A.D.3d 713, 990 N.Y.S.2d 879; People v. Johnson, 113 A.D.3d 635, 977 N.Y.S.2d 896). Notwithstanding the defendant's execution of the written waiver form, it cannot be said that he knowingly, intelligently, and voluntarily waived his right to appeal ( see People v. Brown, 122 A.D.3d at 145–146, 992 N.Y.S.2d 297) and, therefore, review of his excessive sentence claims is not precluded.
The sentences imposed were not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).