People v. Bollers

2019 NY Slip Op 295

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 16, 2019
• Docket: Ind. No. 10815/13
• Status: Published

Opinion

People v Bollers (2019 NY Slip Op 00295)

People v Bollers

2019 NY Slip Op 00295

Decided on January 16, 2019

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on January 16, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SYLVIA O. HINDS-RADIX
VALERIE BRATHWAITE NELSON
ANGELA G. IANNACCI, JJ.

2016-04964
(Ind. No. 10815/13)

[*1]The People of the State of New York, respondent,

v

Steve Bollers, appellant.

Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall of counsel; Robert Ho 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 (Martin P. Murphy, J.), imposed April 4, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid because the Supreme Court did not adequately explain the nature of the rights being waived (see People v Jackson, 166 AD3d 649; People v Chambers, 142 AD3d 672; People v Brown, 122 AD3d 133, 140), and thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., HINDS-RADIX, BRATHWAITE NELSON and IANNACCI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court