| People v Altamirano |
| 2019 NY Slip Op 00293 [168 AD3d 870] |
| January 16, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Giovanny Altamirano, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Suffolk County (Martin Efman, J.), imposed December 7, 2016, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
As the People correctly concede, the defendant's purported waiver of the right to appeal wasinvalid. The Supreme Court failed to confirm that the defendant understood the nature of theright to appeal and the consequences of waiving it (see People v Brown, 122 AD3d 133, 142 [2014]). Although therecord of the proceedings reflects that the defendant executed a written waiver of his right toappeal, no written waiver is contained in the record on appeal. Moreover, the court failed toascertain on the record whether the defendant was aware of the waiver's contents and fullyunderstood its nature and consequences (see People v Iovino, 142 AD3d 561, 561-562 [2016]; People vBrown, 122 AD3d at 145). Thus, the waiver does not preclude review of the defendant'sexcessive sentence claim.
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Leventhal, Duffy and LaSalle, JJ., concur.