| People v Smith |
| 2017 NY Slip Op 09282 [156 AD3d 944] |
| December 29, 2017 |
| Appellate Division, Second Department |
[*1](December 29, 2017)
| The People of the State of New York,Respondent, v Adam Smith, Appellant. |
Paul Skip Laisure, New York, NY (Rebecca J. Gannon of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and GamalielMarrero of counsel; Masha Simonova on the memorandum), for respondent.
Appeals by the defendant, as limited by his motion, from two sentences of the SupremeCourt, Kings County (Martin Murphy, J.), both imposed January 21, 2016, upon his pleas ofguilty, on the ground that the sentences were excessive.
Ordered that the sentences are affirmed.
The record of the plea proceeding does not demonstrate that the defendant knowingly,voluntarily, and intelligently waived his right to appeal, and thus, the purported waivers of thedefendant's right to appeal are not enforceable (see People v Simon, 153 AD3d 1435 [2017]; People v Colon, 153 AD3d 550[2017]; People v Head, 147 AD3d1083 [2017]; People v Bynum,142 AD3d 1183 [2016]; People vBurnett-Hicks, 133 AD3d 773 [2015]). Nevertheless, the sentences imposed were notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Chambers, Sgroi, Malteseand Connolly, JJ., concur.