People v Bond

2013 NY Slip Op 05580 [109 AD3d 481]

August 7, 2013

Appellate Division, Second Department

As corrected through Wednesday, September 25, 2013

The People of the State of New York,Respondent, v Mitchell Bond, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (David P. Greenberg of counsel), forappellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andUshir Pandit of counsel; Lorrie A. Zinno on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Hollie, J.), imposed August 5, 2011, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

When the Supreme Court explained the defendant's waiver of his right to appeal tohim, it improperly conflated the right to appeal with the rights automatically forfeited bya guilty plea. Accordingly, the waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d248, 256-257 [2006]; People v Curras, 105 AD3d 973 [2013]). However, thesentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Eng, P.J., Skelos, Roman, Cohen and Hinds-Radix, JJ., concur.