Opinion
2016-01624
09-27-2017
The People of the State of New York, respondent, v. Kendell Simon, appellant.
Lynn W. L. Fahey, New York, NY (Caitlin Halpern of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Gamaliel Marrero of counsel; Aleena R. Peerzada on the memorandum), for respondent.
CHERYL E. CHAMBERS SANDRA L. SGROI JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 9673/13)
Lynn W. L. Fahey, New York, NY (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Gamaliel Marrero of counsel; Aleena R. Peerzada 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 (Murphy, J.), imposed January 14, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The record of the plea proceeding did not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of the defendant's right to appeal is not enforceable (see People v Colon, 153 AD3d 550; People v Head, 147 AD3d 1083; People v Bynum, 142 AD3d 1183; People v Burnett-Hicks, 133 AD3d 773). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court