| People v Dunn |
| 2018 NY Slip Op 08324 [167 AD3d 651] |
| December 5, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Robert Dunn, Appellant. |
Paul Skip Laisure, New York, NY (Angad Singh of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Ronald D. Hollie, J.), imposed February 15, 2017, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the People's contention, the defendant's purported waiver of his right to appealwas invalid (see People v Bradshaw,18 NY3d 257, 264 [2011]; People vLittle, 127 AD3d 1235, 1235-1236 [2015]). The record of the plea proceedings fails toestablish that the defendant understood that the appeal waiver was separate and distinct fromthose rights automatically forfeited upon a plea of guilty, and the Supreme Court simultaneouslyadvised the defendant that he would be waiving both his right to appeal and his right to a jurytrial as a consequence of his plea (see People v Bradshaw, 18 NY3d at 264; People v Lopez, 6 NY3d 248, 256[2006]). However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Mastro, J.P., Miller, Duffy and LaSalle, JJ., concur.