PEOPLE v. RIOS (2025)

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

The PEOPLE, etc., respondent, v. David RIOS, appellant.

2023-06514

Decided: January 22, 2025

BETSY BARROS, J.P., ROBERT J. MILLER, WILLIAM G. FORD, JANICE A. TAYLOR, DONNA–MARIE E. GOLIA, JJ.

Patricia Pazner, New York, NY (Maisha Kamal of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Avshalom Yotam of counsel; Rebecca Siegel on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Eugene M. Guarino, J.), imposed June 27, 2023, 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 defendant's purported waiver of his right to appeal was invalid (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970). Among other things, the Supreme Court did not discuss the appeal waiver until after the defendant had already admitted his guilt as part of the plea agreement (see People v. Heft, 220 A.D.3d 806, 196 N.Y.S.3d 177; People v. Blake, 210 A.D.3d 901, 901, 178 N.Y.S.3d 201). Accordingly, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim.

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

BARROS, J.P., MILLER, FORD, TAYLOR and GOLIA, JJ., concur.

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