People v. Artis

• Decision Date: 13 November 2019
• Docket Number: Ind. No. 3823/17,2017–13156
• Citation: 177 A.D.3d 758,110 N.Y.S.3d 318 (Mem)
• Parties: The PEOPLE, etc., Respondent, v. Naquan ARTIS, Appellant.
• Court: New York Supreme Court — Appellate Division

177 A.D.3d 758

110 N.Y.S.3d 318 (Mem)

The PEOPLE, etc., Respondent,

v.Naquan ARTIS, Appellant.

2017–13156

Ind. No. 3823/17

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

Submitted—September 9, 2019

November 13, 2019

Paul Skip Laisure, New York, N.Y. (Dina Zloczower of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Marielle Burnett on the memorandum), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, 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 (William Miller, J.), imposed November 20, 2017, upon his plea of guilty, on the ground that the period of postrelease supervision imposed as part of his sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297 ; People v. Bradshaw, 76 A.D.3d 566, 570, 906 N.Y.S.2d 93, affd 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). The Supreme Court conflated the right to appeal with the rights automatically forfeited by a plea of guilty (see People v. Ortiz, 167 A.D.3d 658, 658, 86 N.Y.S.3d 914 ). Moreover, the court failed to discuss the purported waiver with the defendant before the plea agreement had been reached (see People v. Pressley, 116 A.D.3d 794, 795, 983 N.Y.S.2d 322 ). Thus, the purported waiver does not preclude review of the defendant's excessive sentence claim (see People v. Johnson, 157 A.D.3d 964, 965, 67 N.Y.S.3d 492 ).

However, the period of postrelease supervision imposed as part of the defendant's sentence was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).

MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.