People v. Singh

Opinion

People v Singh

2026 NY Slip Op 04520

July 22, 2026

Appellate Division, Second Department

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

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

The People of the State of New York, respondent,

v

Jagdeep Singh, appellant.

Supreme Court of the State of New York, Appellate Division, Second Judicial Department

Decided on July 22, 2026

2023-00712, (Ind. No. 70920/21)

Angela G. Iannacci, J.P.

Paul Wooten

Lillian Wan

Donna-Marie E. Golia

Lisa S. Ottley, JJ.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel; Maris G. Medina on the memorandum), for appellant.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill, Charles Pollak, and Nancy Fitzpatrick Talcott of counsel), for respondent.

[*1]

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Gary F. Miret, J.), imposed December 19, 2022, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257, 264-265). The Supreme Court did not mention the appeal waiver as part of the plea bargain being offered to the defendant before the agreement was reached, and it was not until after the defendant had already admitted his guilt that the court discussed the waiver with the defendant (see People v Bonfante, 243 AD3d 580, 581; People v Marcelle, 222 AD3d 883; People v Sutton, 184 AD3d 236, 245). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v Marcelle, 222 AD3d at 883).

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

IANNACCI, J.P., WOOTEN, WAN, GOLIA and OTTLEY, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court