127 A.D.3d 1230 5 N.Y.S.3d 900

The People of the State of New York, Respondent, v Christopher Gordon, Appellant.

[5 NYS3d 900]—

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed July 16, 2008, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

A defendant who has validly waived the right to appeal cannot invoke this Court’s interest of justice jurisdiction to obtain a reduced sentence (see People v Lopez, 6 NY3d 248, 255 [2006]). Here, however, this Court is not precluded from exercising its interest of justice jurisdiction because the defendant’s purported waiver of his right to appeal was invalid. *1231The record does not demonstrate that the defendant understood the distinction between the right to appeal and other trial rights forfeited incident to his plea of guilty (see People v Cantarero, 123 AD3d 841, 841 [2014]; People v Bennett, 115 AD3d 973, 973 [2014]; People v Jacob, 94 AD3d 1142, 1143 [2012]; People v Mayo, 77 AD3d 683, 683-684 [2010]; People v Olivier, 48 AD3d 486, 486 [2008]). Furthermore, although the record on appeal reflects that the defendant executed a written appeal waiver form, the transcript of the plea shows that “[t]he court did not ascertain on the record whether the defendant had read the waiver or discussed it with defense counsel, or whether he was even aware of its contents” (People v Brown, 122 AD3d 133, 145 [2014]). Accordingly, “despite [the] defendant’s execution of a written waiver of the right to appeal, he did not knowingly, intelligently or voluntarily waive his right to appeal as the record fails to demonstrate a ‘full appreciation of the consequences of such waiver’ ” (People v Elmer, 19 NY3d 501, 510 [2012], quoting People v Bradshaw, 18 NY3d 257, 264 [2011]; see People v Callahan, 80 NY2d 273, 283 [1992]; People v Cantarero, 123 AD3d at 841; People v Brown, 122 AD3d at 145; People v Vasquez, 101 AD3d 1054, 1054-1055 [2012]).

Nevertheless, contrary to the defendant’s contention, the period of postrelease supervision imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Mastro, Hall, Miller and LaSalle, JJ., concur.

People v. Gordon
127 A.D.3d 1230 5 N.Y.S.3d 900

Case Details

Name
People v. Gordon
Decision Date
Apr 29, 2015
Citations

127 A.D.3d 1230

5 N.Y.S.3d 900

Jurisdiction
New York

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