People v. Spears

Appellate Division of the Supreme Court of New York

People v. Spears

2017 NY Slip Op 2068, 148 A.D.3d 1059, 48 N.Y.S.3d 624

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 22, 2017

Docket2014-06289

StatusPublished

Cited by1 cases

This text of 2017 NY Slip Op 2068 (People v. Spears) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Spears, 2017 NY Slip Op 2068, 148 A.D.3d 1059, 48 N.Y.S.3d 624 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed May 23, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

*1060 The defendant’s waiver of his right to appeal was invalid. By informing the defendant that, in its courtroom, “everybody” who pleads guilty “waives their right to appeal,” the Supreme Court improperly conflated the right to appeal with one of the rights automatically forfeited by a plea of guilty (see People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Mack, 142 AD3d 1185 [2016]).

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Austin, Roman, Hinds-Radix and Duffy, JJ., concur.

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