| People v Flores |
| 2016 NY Slip Op 03523 [139 AD3d 753] |
| May 4, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Dalila Flores, Appellant. |
Robert C. Mitchell, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Collins, J.), rendered November 13, 2014, convicting her of reckless assault of a child,upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's purported waiver of her right to appeal was invalid because, amongother things, the record contained no explanation of the nature of the right to appeal orthe implications of waiving such right (see People v Bradshaw, 18 NY3d 257, 265 [2011];People v DeSimone, 80 NY2d 273, 283 [1992]; People v Bruzzo, 136 AD3d1050 [2016]; People vBrown, 122 AD3d 133, 134-146 [2014]), and the Supreme Court's oral colloquy"improperly conflated the right to appeal with the rights automatically forfeited by aguilty plea" (People vWells, 135 AD3d 976, 976 [2016]).
Nevertheless, the sentence imposed was not excessive (see People v Suitte,90 AD2d 80 [1982]). Balkin, J.P., Roman, Maltese and Connolly, JJ., concur.