| People v Johnson |
| 2013 NY Slip Op 05591 [109 AD3d 489] |
| August 7, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Warren Johnson, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano andDaniel Bresnahan of counsel; Julaine Gallo on the memorandum), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Hanophy, J.), imposed January 12, 2009, upon his plea of guilty,on the ground that the sentence 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 review of the severity of his or her 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, Lott and Miller, JJ., concur.