People v Bond

People v Bond 2013 NY Slip Op 05580 Decided on August 7, 2013 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 August 7, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
PETER B. SKELOS
SHERI S. ROMAN
JEFFREY A. COHEN
SYLVIA HINDS-RADIX, JJ.
2011-07313
(Ind. No. 1524/10)

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

v

Mitchell Bond, appellant.




Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of
counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John
M. Castellano and Ushir Pandit of
counsel; Lorrie A. Zinno on the
memorandum), for respondent.


DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Hollie, J.), imposed August 5, 2011, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

When the Supreme Court explained the defendant's waiver of his right to appeal to him, it improperly conflated the right to appeal with the rights automatically forfeited by a guilty plea. Accordingly, the waiver of the right to appeal was invalid (see People v Lopez, 6 NY3d 248, 256-257; People v Curras, 105 AD3d 973). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., SKELOS, ROMAN, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court