| People v Ayala |
| 2018 NY Slip Op 05855 [164 AD3d 815] |
| August 22, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jonathan Ayala, Appellant. |
Paul Skip Laisure, New York, NY (Hannah Zhao of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyce ofcounsel; Ruby D. Andrade on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Betty J. Williams, J.), imposed April 15, 2016, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Chambers, 142 AD3d672 [2016]). The Supreme Court failed to provide an adequate explanation of the right toappeal and, while the defendant signed a written waiver of appeal, the court failed to obtainconfirmation that the defendant had read the document before signing it and that he understoodit. The written waiver was not signed by counsel and the court failed to confirm that counsel hadadvised the defendant as to the right to appeal and the legal effect of the written waiver.Accordingly, the defendant's alleged waiver does not preclude review of his excessive sentenceclaim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d80 [1982]). Scheinkman, P.J., Roman, Cohen, Duffy and LaSalle, JJ., concur.