PEOPLE v. MATTHEWS (2023)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Keyshawn MATTHEWS, appellant.

2022–08118

Decided: October 04, 2023

BETSY BARROS, J.P., CHERYL E. CHAMBERS, WILLIAM G. FORD, HELEN VOUTSINAS, JJ.

Patricia Pazner, New York, NY (Russ Altman–Merino of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Nancy Fitzpatrick Talcott of counsel; Michael Lazard on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Mary L. Bejarano, J.), imposed September 6, 2022, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the Supreme Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v. Bisono, 36 NY3d 1013, 1017–1018; People v. Boykin, 2023 N.Y. Slip Op 04133 [2d Dept]; People v. Saunders, 206 AD3d 826). Thus, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim.

Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

BARROS, J.P., CHAMBERS, FORD and VOUTSINAS, JJ., concur.

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