People v. McNeil

2018 NY Slip Op 5698

Opinion

People v McNeil (2018 NY Slip Op 05698)

People v McNeil

2018 NY Slip Op 05698

Decided on August 8, 2018

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 8, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
JOHN M. LEVENTHAL, J.P.
LEONARD B. AUSTIN
JEFFREY A. COHEN
BETSY BARROS
LINDA CHRISTOPHER, JJ.

2016-04641
(Ind. No. 5382/14)

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

v

Raymond McNeil, appellant.

Paul Skip Laisure, New York, NY (David P. Greenberg of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyce of counsel; Masha Simonova 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 (William M. Harrington, J.), imposed March 31, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Since the defendant was not informed of the maximum sentence that could be imposed if he failed to comply with the conditions of his plea agreement, his general waiver of his right to appeal, given at the time of the plea, did not encompass his claim that the enhanced sentence was excessive (see People v Saaverda, 132 AD3d 701, 702; see also People v Maracle, 19 NY3d 925; People v Glickman, 158 AD3d 725; People v Yodice, 153 AD3d 1373, 1373-1374; cf. People v Perez, 140 AD3d 799, 800). However, the enhanced sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

LEVENTHAL, J.P., AUSTIN, COHEN, BARROS and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court