Opinion
2015–08948 Ind.No. 4695/14
02-28-2018
The PEOPLE, etc., respondent, v. Selwyn WORRELL, appellant.
Paul Skip Laisure, New York, N.Y. (Erica Horwitz of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Masha Simonova on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Erica Horwitz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan of counsel; Masha Simonova on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Elizabeth Foley, J., at plea; Guy Mangano, Jr., J., at sentence), imposed August 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Given the defendant's age, experience, and background, it is not apparent from the face of the record that he fully appreciated the consequences or understood the nature of the waiver of the right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 260–261, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; cf. People v. Sanders, 25 N.Y.3d 337, 340, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). Accordingly, the defendant's purported waiver of the right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim. Nevertheless, the defendant has completed the term of imprisonment imposed and, thus, his contention that this portion of the sentence was excessive has been rendered academic (see People v. Stockinger, 131 A.D.3d 550, 551, 14 N.Y.S.3d 712 ; People v. Russillo, 27 A.D.3d 493, 494, 812 N.Y.S.2d 574 ). The period of postrelease supervision imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.