People v. Fuller

• Decision Date: 11 July 2018
• Docket Number: 8852/15,2016–09208
• Citation: 76 N.Y.S.3d 852 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Tyrell FULLER, appellant.
• Court: New York Supreme Court — Appellate Division

163 A.D.3d 715

76 N.Y.S.3d 852 (Mem)

The PEOPLE, etc., respondent,

v.Tyrell FULLER, appellant.

2016–09208

8852/15

Supreme Court, Appellate Division, Second Department, New York.

Submitted—May 16, 2018

July 11, 2018

Paul Skip Laisure, New York, N.Y. (Angad Singh of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.

REINALDO E. RIVERA, J.P., ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Matthew Sciarrino, Jr., J.), imposed July 8, 2016, 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 his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Little, 127 A.D.3d 1235, 1235–1236, 5 N.Y.S.3d 896 ; People v. Brown, 122 A.D.3d 133, 137, 992 N.Y.S.2d 297 ). In light of the defendant's age, lack of experience with the criminal justice system, and mental health history, the Supreme Court's limited colloquy did not ensure the defendant's understanding of the distinction between the right to appeal and the other rights that are automatically forfeited on a plea of guilty (see People v. Bradshaw, 18 N.Y.3d at 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. DeMicheli, 129 A.D.3d 743, 10 N.Y.S.3d 330 ). Thus, the waiver does not preclude review of the defendant's excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

RIVERA, J.P., MILLER, DUFFY and LASALLE, JJ., concur.