| People v Cortez |
| 2018 NY Slip Op 02644 [160 AD3d 893] |
| April 18, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Erick Cortez, Appellant. |
Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, Roni C. Piplani, and Jimei L. Hon of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Dorothy Chin-Brandt, J., at plea; Stephanie Zaro, J., at sentence), imposedMarch 7, 2016, sentencing him to a definite term of imprisonment of one year upon hisconviction of attempted grand larceny in the second degree, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is modified, as a matter of discretion in the interest of justice, byreducing the definite term of imprisonment from one year to 364 days.
Under the circumstances of this case, the defendant's waiver of the right to appeal wasinvalid (see People v Laboy, 153AD3d 1363 [2017]). The plea court's terse oral colloquy regarding the waiver of the right toappeal was insufficient, by itself, to ensure that the waiver was made knowingly, intelligently,and voluntarily (see People vBradshaw, 18 NY3d 257 [2011]; People v Brown, 122 AD3d 133 [2014]). Although theSpanish-speaking defendant signed a written waiver, the document was in English and there is noindication that it was read or thoroughly explained to him (see People v Pelaez, 100 AD3d 803 [2012]). Accordingly, we reachthe merits of the defendant's excessive sentence claim.
Considering all of the relevant circumstances of this case, including the potentialimmigration consequences to the defendant, we conclude that his sentence should be reduced byone day (see People v Scott, 156AD3d 913 [2017]; People vAisewomhonio, 131 AD3d 1177 [2015]; People v Weston, [*2]98 AD3d 1066 [2012]; People v Bakare, 280 AD2d 679[2001]). Scheinkman, P.J., Balkin, Sgroi, Brathwaite Nelson and Christopher, JJ., concur.