People v. Hayes

2019 NY Slip Op 302

Opinion

People v Hayes (2019 NY Slip Op 00302)

People v Hayes

2019 NY Slip Op 00302

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.
SANDRA L. SGROI
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.

2016-12676
(Ind. No. 6927/15)

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

v

Tyreek Hayes, appellant.

Paul Skip Laisure, New York, NY (Alice R. B. Cullina 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 November 3, 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. The plea court's terse oral colloquy regarding the waiver of the right to appeal and the failure to present the waiver as a voluntary choice to be made by the defendant was insufficient to ensure that the waiver was made knowingly, intelligently, and voluntarily (see People v McWhite, 161 AD3d 1106; People v Medina, 161 AD3d 778; People v Guniss, 160 AD3d 895). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., SGROI, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court