| People v Collins |
| 2013 NY Slip Op 01566 [104 AD3d 785] |
| March 13, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Shamel Collins, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Sholom J.Twersky of counsel; Jared Chester on the memorandum), for respondent.
Appeal by defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Mondo, J.), imposed August 16, 2011, on the ground that thesentence was excessive.
Ordered that the sentence is affirmed.
A defendant who has validly waived the right to appeal cannot invoke this Court'sinterest of justice jurisdiction to obtain a reduced sentence (see People v Lopez, 6 NY3d248, 255 [2006]). Here, however, the Court is not precluded from exercising itsinterest of justice jurisdiction because the defendant's purported waiver of his right toappeal was invalid. The record does not demonstrate that the defendant "grasped theconcept of the appeal waiver and the nature of the right he was forgoing" (People v Bradshaw, 18 NY3d257, 267 [2011]; seePeople v Grant, 83 AD3d 862, 862-863 [2011]; cf. People v Ramos, 7 NY3d737, 738 [2006]). Therefore, "notwithstanding the written appeal waiver form, itcannot be said that defendant knowingly, intelligently and voluntarily waived his right toappeal" (People v Bradshaw, 18 NY3d at 267; see People v Elmer, 19 NY3d501, 510 [2012]; People vVasquez, 101 AD3d 1054 [2012]).
Nevertheless, the sentence imposed was not excessive (see People v Suitte,90 AD2d 80 [1982]). Eng, P.J., Mastro, Dickerson and Miller, JJ., concur.