| People v Portillo |
| 2019 NY Slip Op 08873 [178 AD3d 860] |
| December 11, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Jaime Portillo, Appellant. |
Paul Skip Laisure, New York, NY (Ronald Zapata of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Roni Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Deborah Stevens Modica, J.), imposed November 15, 2016, upon his plea ofguilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of the right to appeal was invalid and, thus, does notpreclude appellate review of his excessive sentence claim (see People v Lopez, 6 NY3d 248, 257 [2006]). The SupremeCourt's colloquy did not ensure that the defendant understood the distinction between the right toappeal and the other trial rights which are forfeited incident to a plea of guilty (see id. at257; People v Batista, 167 AD3d69, 76 [2018]; People v Brown,122 AD3d 133, 137-138 [2014]). However, the sentence imposed was not excessive (seePeople v Suitte, 90 AD2d 80 [1982]). Balkin, J.P., Chambers, Cohen and Connolly, JJ.,concur.