| People v Sulsona |
| 2015 NY Slip Op 09127 [134 AD3d 861] |
| December 9, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Christian Sulsona, Appellant. |
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,Johnnette Traill, and Denise A. Biderman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Kron, J.), rendered December 4, 2013, convicting him of robbery in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant's purported waiver of his right toappeal was invalid (see People vLopez, 6 NY3d 248, 256 [2006]). 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 DeSimone, 80 NY2d273, 283 [1992]; People vBrown, 122 AD3d 133 [2014]).
The defendant's contention that the Supreme Court erred in sentencing him as asecond felony offender is unpreserved for appellate review (see CPL 470.05 [2];People v Nieves, 2 NY3d310, 316 [2004]; People v Samms, 95 NY2d 52, 54-57 [2000]; People v Delston, 30 AD3d536 [2006]; People v Smalls, 293 AD2d 500, 501 [2002]; see also People v Walton, 101AD3d 1489, 1490 [2012]), and, in any event, without merit (see CPL400.21; People v Ladson,30 AD3d 836, 837 [2006]). Mastro, J.P., Dickerson, Roman and Maltese, JJ.,concur.