| People v Evans |
| 2019 NY Slip Op 01092 [169 AD3d 824] |
| February 13, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Vincent M. Evans, Appellant. |
Paul Skip Laisure, New York, NY (Samuel Barr of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill,and Christopher J. Blira-Koessler of counsel; Kristin Rainis on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, QueensCounty (Suzanne J. Melendez, J.), imposed July 6, 2017, upon his plea of guilty, on the ground that thesentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257[2011]; People v Brown, 122 AD3d133 [2014]). The Supreme Court conflated the waiver of the right to appeal with the defendant'swaiver of his right to a trial by pleading guilty, and failed to confirm that the defendant understood thenature of the right to appeal and the consequences of waiving it (see People v Brown, 122AD3d at 142). Although the record of the proceedings reflects that the defendant executed a writtenwaiver of his right to appeal, his signature does not, by itself, establish that the waiver was madeknowingly, intelligently, and voluntarily (see id. at 138-139). Thus, the purported waiver doesnot preclude review of his excessive sentence claim (see People v Fuller, 163 AD3d 715, 715 [2018]).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Mastro, J.P., Miller, Duffy and LaSalle, JJ., concur.