| People v Esposito |
| 2020 NY Slip Op 05524 [187 AD3d 781] |
| October 7, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Andrew Esposito, Appellant. |
Janet E. Sabel, New York, NY (Whitney Elliott of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel),for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Richmond County (Charles Troia, J.), imposed June 7, 2017, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the People's contention, the record does not demonstrate that the defendantknowingly, voluntarily, and intelligently waived his right to appeal (see People v Lopez, 6 NY3d 248,256 [2006]). The record reflects that the Supreme Court made its own offer of sentence to thedefendant and required that the defendant waive his right to appeal, but the court did not set forthany reason for demanding an appeal waiver, and none is apparent on the record (see People v Sutton, 184 AD3d236, 244-245 [2020]). Accordingly, the purported appeal waiver does not preclude appellatereview of the defendant's excessive sentence claim (see id. at 244-245).
However, under the circumstances, we decline to exercise our interest of justice jurisdictionto modify the sentence imposed (see CPL 470.15 [6] [b]). Rivera, J.P., Maltese, Barros,Brathwaite Nelson and Iannacci, JJ., concur.