| People v Artis |
| 2019 NY Slip Op 08202 [177 AD3d 758] |
| November 13, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Naquan Artis, Appellant. |
Paul Skip Laisure, New York, NY (Dina Zloczower of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyceof counsel; Marielle Burnett on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (William Miller, J.), imposed November 20, 2017, upon his plea ofguilty, on the ground that the period of postrelease supervision imposed as part of hissentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Brown, 122AD3d 133, 145 [2014]; People v Bradshaw, 76 AD3d 566, 570 [2010], affd18 NY3d 257 [2011]). The Supreme Court conflated the right to appeal with the rightsautomatically forfeited by a plea of guilty (see People v Ortiz, 167 AD3d 658, 658 [2018]). Moreover,the court failed to discuss the purported waiver with the defendant before the pleaagreement had been reached (see People v Pressley, 116 AD3d 794, 795 [2014]). Thus,the purported waiver does not preclude review of the defendant's excessive sentenceclaim (see People vJohnson, 157 AD3d 964, 965 [2018]).
However, the period of postrelease supervision imposed as part of the defendant'ssentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro,J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur.