| People v Simon |
| 2017 NY Slip Op 06668 [153 AD3d 1435] |
| September 27, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Kendell Simon, Appellant. |
Lynn W. L. Fahey, New York, NY (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and GamalielMarrero of counsel; Aleena R. Peerzada on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Murphy, J.), imposed January 14, 2016, upon his plea of guilty, on the groundthat the sentence was excessive.
Ordered that the sentence is affirmed.
The record of the plea proceeding did not demonstrate that the defendant knowingly,voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of thedefendant's right to appeal is not enforceable (see People v Colon, 153 AD3d 550 [2017]; People v Head, 147 AD3d 1083[2017]; People v Bynum, 142 AD3d1183 [2016]; People vBurnett-Hicks, 133 AD3d 773 [2015]). Nevertheless, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Chambers, Sgroi, Malteseand Connolly, JJ., concur.