| People v Vinson |
| 2018 NY Slip Op 03712 [161 AD3d 1109] |
| May 23, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Phillip Vinson, Appellant. |
Paul Skip Laisure, New York, NY (Charity L. Brady of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and William H. Branigan of counsel; Victoria Randall on the memorandum), forrespondent.
Appeal by the defendant, as limited by his motion, from an amended sentence of theSupreme Court, Queens County (Douglas Wong, J.), imposed December 1, 2016, revoking asentence of probation previously imposed by the same court (Barry Kron, J.), upon a finding thathe violated conditions thereof, upon his admission, and imposing a sentence of imprisonmentupon his previous conviction of criminal possession of a weapon in the third degree on theground that the amended sentence was excessive.
Ordered that the amended sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid, as the record does notdemonstrate that the defendant knowingly, voluntarily, and intelligently waived his right toappeal (see People v Pelaez, 100AD3d 803, 803-804 [2012]; seealso People v Harrison, 153 AD3d 1277 [2017]; People v Sulsona, 134 AD3d 861 [2015]; People v Batista, 114 AD3d 696[2014]).
Nevertheless, the amended sentence was not excessive (see People v Suitte, 90 AD2d80 [1982]). Scheinkman, P.J., Leventhal, Barros, Connolly and Iannacci, JJ., concur.