| People v Zaffuto |
| 2016 NY Slip Op 03207 [138 AD3d 1156] |
| April 27, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Francesco Zaffuto, Appellant. |
Simon & Partners, LLP, New York, NY (Brian D. Waller of counsel), forappellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Rooney, J.), rendered November 15, 2012, convicting him of criminal sexual act in thefirst degree and promoting a sexual performance by a child, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the Supreme Court properly denied hismotion to withdraw his plea of guilty. The defendant's plea of guilty was knowingly,voluntarily, and intelligently made (see generally People v Fiumefreddo, 82NY2d 536, 543 [1993]; People v Lopez, 71 NY2d 662, 666 [1988]; People vHarris, 61 NY2d 9, 17 [1983]; see also People v Riback, 57 AD3d 1209, 1219 [2008],revd on other grounds 13 NY3d 416 [2009]).
The defendant correctly argues that the purported waiver of his right to appeal wasinvalid. Under the circumstances of this case, including the defendant's inexperience withthe criminal justice system, the terse colloquy conducted by the Supreme Court wasinsufficient to apprise the defendant of the rights that he was waiving (see People v Pressley, 116AD3d 794, 796 [2014]; seegenerally People v Brown, 122 AD3d 133, 144-145 [2014]).
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80, 85-86 [1982]). Rivera, J.P., Miller, Hinds-Radix and LaSalle, JJ., concur.