People v. Long

• Decision Date: 21 October 2020
• Docket Number: S.C.I. No. 18-00397,2018–12559
• Citation: 187 A.D.3d 1055,131 N.Y.S.3d 267 (Mem)
• Parties: The PEOPLE, etc., respondent, v. Marcus LONG, appellant.
• Court: New York Supreme Court — Appellate Division

187 A.D.3d 1055

131 N.Y.S.3d 267 (Mem)

The PEOPLE, etc., respondent,

v.Marcus LONG, appellant.

2018–12559

S.C.I. No. 18-00397

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

Submitted September 30, 2020

October 21, 2020

Thomas R. Villecco, Jericho, NY, for appellant.

Anthony A. Scarpino, Jr., District Attorney, White Plains, N.Y. (Jordan K. Hummel and Raffaelina Gianfrancesco of counsel), for respondent.

MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.

DECISION & ORDER

(S.C.I. No. 18–00397)

Appeal by the defendant from a judgment of the County Court, Westchester County (Michael A. Martinelli, J.), rendered September 6, 2018, convicting him of robbery in the second 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 was invalid (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). The County Court's statement to the defendant that by waiving his right to appeal, the defendant's "sentence and conviction here will be final," without more, suggested that the waiver may be an absolute bar to the taking of an appeal (see id. ; People v. Aquino, 184 A.D.3d 656, 657, 123 N.Y.S.3d 513 ). However, the defendant's challenge to the amount of restitution imposed is unpreserved for appellate review, since the defendant failed to request a hearing or otherwise challenge the amount of restitution imposed at sentencing (see People v. Sanchez, 103 A.D.3d 819, 820, 959 N.Y.S.2d 458 ). Under the circumstances of this case, we decline to reach the issue in the exercise of our interest of justice jurisdiction.

DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.