| People v Mitchell |
| 2017 NY Slip Op 06379 [153 AD3d 939] |
| August 30, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Michael Mitchell, Appellant. |
Lynn W. L. Fahey, New York, NY (Barry Stendig of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and CamilleO'Hara Gillespie of counsel; Noquel A. Matos on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Williams, J.), imposed March 30, 2015, upon his plea of guilty, on the groundthat the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the People's contention, under the circumstances of this case, the defendant'swaiver of the right to appeal does not preclude appellate review of his claim that the sentenceimposed was excessive. The plea colloquy fails to establish that the defendant knowingly,voluntarily, and intelligently waived his right to appeal the severity of his sentence (see People v Maracle, 19 NY3d925, 927-928 [2012]; see alsoPeople v Sanders, 25 NY3d 337, 340 [2015]; People v Bradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 256[2006]). However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Eng, P.J., Dillon, Sgroi, Miller and Brathwaite Nelson, JJ., concur.