Opinion
12-09-2015
The PEOPLE, etc., respondent, v. Christian SULSONA, appellant.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Denise A. Biderman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Denise A. Biderman of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 4, 2013, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, 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). 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. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297).
The defendant's contention that the Supreme Court erred in sentencing him as a second felony offender is unpreserved for appellate review (see CPL 470.05[2]; People v. Nieves, 2 N.Y.3d 310, 316, 778 N.Y.S.2d 751, 811 N.E.2d 13; People v. Samms, 95 N.Y.2d 52, 54–57, 710 N.Y.S.2d 310, 731 N.E.2d 1118;People v. Delston, 30 A.D.3d 536, 818 N.Y.S.2d 223; People v. Smalls, 293 A.D.2d 500, 501, 739 N.Y.S.2d 630; see also People v. Walton, 101 A.D.3d 1489, 1490, 956 N.Y.S.2d 705), and, in any event, without merit (see CPL 400.21; People v. Ladson, 30 A.D.3d 836, 837, 817 N.Y.S.2d 722).
MASTRO, J.P., DICKERSON, ROMAN and MALTESE, JJ., concur.