| People v Smalls |
| 2019 NY Slip Op 08713 [178 AD3d 738] |
| December 4, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Alfonso Smalls, Appellant. |
Paul Skip Laisure, New York, NY (Grace DiLaura of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano andJohnnette Traill of counsel; Eleanor Reilly on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Barry Kron, J.), imposed April 26, 2018, upon his plea of guilty, on the groundthat the sentence was excessive.
Ordered that the sentence is affirmed.
The record does not establish that the defendant knowingly, voluntarily, and intelligentlywaived his right to appeal (see People vBradshaw, 18 NY3d 257 [2011]). The Supreme Court's terse colloquy at the pleaallocution failed to sufficiently advise the defendant of the nature of his right to appeal, and toassure that the defendant understood the distinction between the right to appeal, which is a rightthat the defendant was being asked to voluntarily relinquish, and other trial rights that areforfeited incident to a plea of guilty (seePeople v Farrell, 169 AD3d 919, 920 [2019]). Particularly in light of the defendant'syoung age, relative inexperience with the criminal justice system, and significant mental healthhistory, the defendant's purported appeal waiver was invalid and does not preclude appellatereview of his excessive sentence claim (see People v Bradshaw, 18 NY3d at 266;People v Farrell, 169 AD3d at 920; People v Brown, 167 AD3d 929 [2018]; People v Conley, 150 AD3d 1023,1024 [2017]).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Balkin, J.P., Chambers, Cohen and Connolly, JJ., concur.