People v. Zmitrovis

2019 NY Slip Op 3386

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 1, 2019
• Docket: Ind. No. 1574/16
• Status: Published

Opinion

People v Zmitrovis (2019 NY Slip Op 03386)

People v Zmitrovis

2019 NY Slip Op 03386

Decided on May 1, 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 May 1, 2019 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RUTH C. BALKIN, J.P.
CHERYL E. CHAMBERS
JEFFREY A. COHEN
BETSY BARROS
FRANCESCA E. CONNOLLY, JJ.

2018-07993
(Ind. No. 1574/16)

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

v

Justin Zmitrovis, appellant.

Karen G. Leslie, Riverhead, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Thomas C. Costello of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Richard Ambro, J.), imposed May 24, 2018, 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 the right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Lopez, 6 NY3d 248, 257). The County Court's limited colloquy did not ensure that the defendant understood the nature of the right to appeal (see id. at 257; People v DeJesus, 169 AD3d 712, 712; People v Brown, 122 AD3d 133, 137-138).

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

BALKIN, J.P., CHAMBERS, COHEN, BARROS and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court