People v Constant

People v Constant 2012 NY Slip Op 04358 Decided on June 6, 2012 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 June 6, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
THOMAS A. DICKERSON
L. PRISCILLA HALL
SHERI S. ROMAN
JEFFREY A. COHEN, JJ.
2010-08430
(Ind. No. 595/09)

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

v

Lesly Constant, appellant.




Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel),
for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove and Keith Dolan of counsel;
Gregory Musso on the brief), for
respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Murphy, J.), rendered July 13, 2010, convicting him of manslaughter in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's purported waiver of his right to appeal cannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectly informed that his right to appeal did not include the right to appellate review of his sentence on the ground that it was excessive (see People v Murray, 68 AD3d 896, 896-897; People v Caleb C., 32 AD3d 543; People v Brown, 13 AD3d 548, 549). Accordingly, we have considered the defendant's contention that the sentence imposed was excessive. Nonetheless, we find that contention to be without merit (see People v Suitte, 90 AD2d 80).
SKELOS, J.P., DICKERSON, HALL, ROMAN and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino [*2]

Clerk of the Court