| People v Solomon |
| 2019 NY Slip Op 09037 [178 AD3d 966] |
| December 18, 2019 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Edward King Solomon, Appellant. |
Del Atwell, East Hampton, NY, for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Marion Tang of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (John B.Collins, J.), rendered November 30, 2016, convicting him of criminal sale of a controlledsubstance in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's purported waiver of the right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 264 [2011]; People vKeene, 160 AD3d 897, 898 [2018]; People v Solizgalvez, 159 AD3d 838 [2018]; People v Weber, 153 AD3d 946[2017]). The Supreme Court's colloquy at the plea allocution failed to sufficiently advise thedefendant of the nature of the right to appeal and the consequences of waiving it (see People v Himonitis, 174 AD3d738 [2019]).
The defendant's contention that he was entitled to a more lenient sentence because of apurported cooperation agreement, which does not appear on the record of the plea allocution, isunpreserved for appellate review (seePeople v Saxon, 28 AD3d 330, 330-331 [2006]). In any event, the contention is withoutmerit (see People v Arellano, 281 AD2d 553 [2001]).
The defendant's remaining contentions are without merit. Scheinkman, P.J., Rivera, Balkinand Leventhal, JJ., concur.