People v. Graziano

186 A.D.3d 853

127 N.Y.S.3d 328 (Mem)

The PEOPLE, etc., respondent,

v.Kimberly GRAZIANO, appellant.

2018–02023

Ind. No. 497/16

Supreme Court, Appellate Division, Second Department, New York.

Submitted—July 29, 2020

August 26, 2020

Laurette D. Mulry, Central Islip, N.Y. (Edward E. Smith of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Suffolk County (John B. Collins, J.), imposed September 19, 2017, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant did not validly waive the right to appeal, since the Supreme Court failed to explain the nature of the right to appeal and the consequences of waiving that right on the record (see People v. Parrish, 179 A.D.3d 841, 113 N.Y.S.3d 900 ). Thus, appellate review of her contention that the sentence imposed was excessive is not precluded by the purported waiver.

However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.