People v. Rosa-Gomez

169 A.D.3d 831

91 N.Y.S.3d 894 (Mem)

The PEOPLE, etc., Respondent,

v.Santo Alberto ROSA–GOMEZ, Appellant.

2017–03049

Ind. No. 1180/16

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

Submitted—November 28, 2018

February 13, 2019

Paul Skip Laisure, New York, N.Y. (Cynthia Colt of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.

RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, BETSY BARROS, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Barry Kron, J.), imposed February 7, 2017, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid, as the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Vinson, 161 A.D.3d 1109, 73 N.Y.S.3d 905 ; People v. Waldon, 157 A.D.3d 913, 66 N.Y.S.3d 906 ; People v. Chestnut, 142 A.D.3d 559, 36 N.Y.S.3d 396 ; People v. Whitney, 125 A.D.3d 795, 999 N.Y.S.2d 899 ). Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

BALKIN, J.P., CHAMBERS, COHEN and BARROS, JJ., concur.