| People v Tayeh |
| 2020 NY Slip Op 01649 [181 AD3d 726] |
| March 11, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Modraan Tayeh, Appellant. |
Paul Skip Laisure, New York, NY (Erica Horwitz of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (John M. Castellano andJohnnette Traill of counsel; Kathleen Halliday on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Queens County (Deborah Stevens Modica, J.), imposed April 28, 2016, upon hisplea of guilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the People's contention, the record does not reflect that the defendantknowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18NY3d 257 [2011]). The Supreme Court's colloquy did not ensure that the defendantunderstood the distinction between the right to appeal and the other trial rights which areforfeited incident to a plea of guilty (see People v Lopez, 6 NY3d 248, 257 [2006]; People v Portillo, 178 AD3d860 [2019]; People vBatista, 167 AD3d 69, 76 [2018]). Also, the court's colloquy and written waiverimproperly mischaracterized the appellate rights waived as encompassing an absolute barto the taking of a direct appeal and the loss of attendant rights to counsel and poor personrelief, and also all postconviction relief separate from the direct appeal (see People vThomas, 34 NY3d 545, 568-570[2019]).
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ.,concur.