PEOPLE v. FORD (2024)

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Jill Konviser, J.), imposed August 18, 2022, upon his plea 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 defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Bradshaw, 18 N.Y.3d 257, 264–265, 938 N.Y.S.2d 254, 961 N.E.2d 645).  The Supreme Court did not discuss the appeal waiver with the defendant until after he had already fully admitted his guilt as part of the plea agreement (see People v. Hall, 224 A.D.3d 776, 2024 N.Y. Slip Op. 00781 [2d Dept];  People v. Hernandez, 223 A.D.3d 751;  People v. Blake, 210 A.D.3d 901, 901;  People v. Diallo, 196 A.D.3d 598, 598).  Given this failure, as well as the defendant's limited contact with the criminal justice system, the record does not establish that the defendant understood the nature of the appellate rights he was waiving (see People v. Frank, 223 A.D.3d 683;  People v. Adyl K., 187 A.D.3d 1208).  Since the defendant did not validly waive his right to appeal, this Court is not precluded from considering the merits of the defendant's contention that the sentence imposed was excessive.

Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

DUFFY, J.P., MALTESE, DOWLING and VOUTSINAS, JJ., concur.