| People v Richardson |
| 2015 NY Slip Op 03871 [128 AD3d 735] |
| May 6, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Roland Richardson, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette M. Traill, and Nancy Fitzpatrick Talcott of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Buchter, J.), imposed July 14, 2009, upon his plea of guilty, onthe ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d248, 256 [2006]; People vBrown, 122 AD3d 133 [2014]). The record does not demonstrate that thedefendant "grasped the concept of the appeal waiver and the nature of the right he wasforgoing" (People vBradshaw, 18 NY3d 257, 267 [2011]; see People v Michael, 120 AD3d 713 [2014]; People v Johnson, 113 AD3d635, 635 [2014]). Therefore, notwithstanding the defendant's execution of thewritten waiver form, it cannot be said that he knowingly, intelligently, and voluntarilywaived his right to appeal (see People v Brown, 122 AD3d at 145-146;People v Michael, 120 AD3d at 713-714; People v Pressley, 116 AD3d 794 [2014]).
Nevertheless, contrary to the defendant's contention, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Dillon, Leventhal,Hinds-Radix and LaSalle, JJ., concur.