People v. Graziano

2020 NY Slip Op 04764, 186 A.D.3d 853, 127 N.Y.S.3d 328

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: August 26, 2020
• Docket: Ind. No. 497/16
• Status: Published

Opinion

People v Graziano (2020 NY Slip Op 04764)

People v Graziano

2020 NY Slip Op 04764

Decided on August 26, 2020

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 August 26, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
LEONARD B. AUSTIN
SHERI S. ROMAN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.

2018-02023
(Ind. No. 497/16)

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

v

Kimberly Graziano, appellant.

Laurette D. Mulry, Central Islip, NY (Edward E. Smith of counsel), for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Suffolk County (John B. Collins, J.), imposed September 19, 2017, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant did not validly waive the right to appeal, since the Supreme Court failed to explain the nature of the right to appeal and the consequences of waiving that right on the record (see People v Parrish, 179 AD3d 841). Thus, appellate review of her contention that the sentence imposed was excessive is not precluded by the purported waiver.

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

DILLON, J.P., AUSTIN, ROMAN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court