Opinion
No. 2022-06928 Ind. No. 71945/21
11-13-2024
The People of the State of New York, respondent, v. John K. Williams, appellant.
Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel; Karen Abel-Bey on the memorandum), for respondent.
Patricia Pazner, New York, NY (Russ Altman-Merino of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel; Karen Abel-Bey on the memorandum), for respondent.
VALERIE BRATHWAITE NELSON, J.P., PAUL WOOTEN, HELEN VOUTSINAS, LAURENCE L. LOVE, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Jill Konviser, J.), imposed March 8, 2022, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, since the record does not reflect that the defendant was aware of the People's demand for an appeal waiver before agreeing to enter a plea of guilty (see People v Blake, 210 A.D.3d 901; People v Diallo, 196 A.D.3d 598). Thus, the defendant's purported waiver of appeal does not foreclose appellate review of his excessive sentence claim.
However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
BRATHWAITE NELSON, J.P., WOOTEN, VOUTSINAS and LOVE, JJ., concur.