| People v Worrell |
| 2018 NY Slip Op 01344 [158 AD3d 828] |
| February 28, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Selwyn Worrell, Appellant. |
Paul Skip Laisure, New York, NY (Erica Horwitz of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Keith Dolan ofcounsel; Masha Simonova on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Elizabeth Foley, J., at plea; Guy Mangano, Jr., J., at sentence), imposed August 6,2015, upon his plea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Given the defendant's age, experience, and background, it is not apparent from the face of therecord that he fully appreciated the consequences or understood the nature of the waiver of theright to appeal (see People vBradshaw, 18 NY3d 257, 260-261 [2011]; cf. People v Sanders, 25 NY3d 337, 340 [2015]). Accordingly, thedefendant's purported waiver of the right to appeal was invalid and, thus, does not precludereview of his excessive sentence claim. Nevertheless, the defendant has completed the term ofimprisonment imposed and, thus, his contention that this portion of the sentence was excessivehas been rendered academic (see Peoplev Stockinger, 131 AD3d 550, 551 [2015]; People v Russillo, 27 AD3d 493, 494 [2006]). The period ofpostrelease supervision imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Scheinkman, P.J., Rivera, Austin, Cohen and Barros, JJ., concur.