Opinion
2017–11132
11-28-2018
The PEOPLE, etc., Respondent, v. Justin VENTURE, Appellant. (S.C.I. No. 1604/17)
Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Kristin Rainis on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Benjamin Welikson of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Johnnette Traill of counsel; Kristin Rainis on the memorandum), for respondent.
RUTH C. BALKIN, J.P., SANDRA L. SGROI, BETSY BARROS, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid because the Supreme Court's colloquy conflated the right to appeal with the rights that are automatically forfeited on a plea of guilty (see People v. Johnson , 165 A.D.3d 702, 82 N.Y.S.3d 735 [2d Dept. 2018] ; People v. Valentin , 162 A.D.3d 693, 74 N.Y.S.3d 767 ; People v. Ruiz , 156 A.D.3d 912, 913, 65 N.Y.S.3d 745 ; People v. Soto , 155 A.D.3d 979, 63 N.Y.S.3d 896 ; People v. Ribner , 153 A.D.3d 1435, 60 N.Y.S.3d 691 ; see generally People v. Bradshaw , 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). Thus, the waiver does not preclude appellate review of the defendant's claim that his sentence was excessive.
The sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
BALKIN, J.P., SGROI, BARROS and CHRISTOPHER, JJ., concur.