Majority
p. 861The People of the State of New York, Respondent, v Christian Sulsona, Appellant. [19 NYS3d 909]
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered December 4, 2013, convicting him of robbery in the second degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People’s contention, the defendant’s purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248 , 256 [2006]). The record does not demonstrate that the defendant “grasped the concept of the appeal waiver and the nature of the right he was forgoing” (People v Bradshaw, 18 NY3d 257 , 267 [2011]; see People v DeSimone, 80 NY2d 273 , 283 [1992]; People v Brown, 122 AD3d 133 [2014]).
The defendant’s contention that the Supreme Court erred in
p. 862
sentencing him as a second felony offender is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 NY3d 310 , 316 [2004]; People v Samms, 95 NY2d 52 , 54-57 [2000]; People v Delston, 30 AD3d 536 [2006]; People v Smalls, 293 AD2d 500 , 501 [2002]; see also People v Walton, 101 AD3d 1489 , 1490 [2012]), and, in any event, without merit (see CPL 400.21; People v Ladson, 30 AD3d 836 , 837 [2006]). Mastro, J.P., Dickerson, Roman and Maltese, JJ., concur.
Cases cited
- People v. Lopez 6 NY3d 248 at 256 p. 861
- People v. Bradshaw 18 NY3d 257 at 267 p. 861
- People v. Callahan 80 NY2d 273 at 283 p. 861
- People v. Brown 122 AD3d 133 p. 861
- People v. Samms 95 NY2d 52 at 54-57 p. 862
- People v. Delston 30 AD3d 536 p. 862
- People v. Smalls 293 AD2d 500 at 501 p. 862
- People v. Walton 101 AD3d 1489 at 1490 p. 862
- People v. Ladson 30 AD3d 836 at 837 p. 862