Opinion
2019–06063
10-28-2020
The PEOPLE, etc., respondent, v. Alex VARGAS, appellant. (S.C.I. No. 403/19)
Janet E. Sabel, New York, N.Y. (Katheryne M. Martone of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Christopher Blira–Koessler of counsel; Eleanor Reilly on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Katheryne M. Martone of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Christopher Blira–Koessler of counsel; Eleanor Reilly on the memorandum), 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, Queens County (Bruna L. DiBiase, J.), imposed April 15, 2019, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid. The defendant's written waiver of the right to appeal misstated the applicable law and was misleading (see People v. Howard, 183 A.D.3d 640, 121 N.Y.S.3d 622, People v. Wilkinson, 176 A.D.3d 879, 880, 107 N.Y.S.3d 896 ). Further, the Supreme Court's terse colloquy at the plea proceeding relating to the defendant's waiver of his right to appeal was insufficient to remedy the misleading written waiver (see People v. Thomas, 34 N.Y.3d 545, 564–566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Howard, 183 A.D.3d at 640, 121 N.Y.S.3d 622 ; People v. Wilkinson, 176 A.D.3d at 880, 107 N.Y.S.3d 896 ).
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.