| People v Cruz |
| 2019 NY Slip Op 08209 [177 AD3d 766] |
| November 13, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Robert Cruz, Appellant. |
Janet E. Sabel, New York, NY (Ellen Dille of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, NY (Johnnette Traill andRoni Piplani of counsel; Manipal Singh on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Peter F. Vallone, Jr., J.), imposed February 1, 2018, upon his pleaof guilty, on the ground 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 Bradshaw, 18NY3d 257, 264 [2011]). The record of the plea proceeding fails to establish that thedefendant understood that the appeal waiver was separate and distinct from those rightsautomatically forfeited upon a plea of guilty (see People v Lopez, 6 NY3d 248, 256 [2006]; People v Dunn, 167 AD3d651, 652 [2018]). Although the defendant signed a written waiver of his right toappeal, the Supreme Court failed to obtain confirmation that the defendant had read thedocument before signing it and that he understood it (see People v Bradley, 167 AD3d 768 [2018]). Thus, thepurported waiver does not preclude appellate review of the defendant's excessivesentence claim (see People v Lopez, 6 NY3d at 257).
Nevertheless, the sentence imposed was not excessive (see People v Suitte,90 AD2d 80 [1982]). Dillon, J.P., Austin, Roman, Maltese and Christopher, JJ.,concur.