| People v Wells |
| 2016 NY Slip Op 00534 [135 AD3d 976] |
| January 27, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Quanmik Wells, Appellant. |
Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), forappellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, and Nancy Fitzpatrick Talcott of counsel; Aran O'Gara on thememorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Hollie, J.), imposed June 4, 2013, upon his plea of guilty, on theground that the sentence 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 Brown, 122 AD3d 133, 137 [2014]; People v Bond, 109 AD3d481 [2013]). Nevertheless, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Eng, P.J., Balkin, Hall, Cohen and Maltese, JJ.,concur.