People v. Matos, 102 A.D.3d 890 (N.Y. App. Div. 2013). · Go Syfert
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People v. Matos, 102 A.D.3d 890 (N.Y. App. Div. 2013). Cases Citing This Book View Copy Cite
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The record of the plea proceeding is inadequate to demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, and thus, the purported waiver of his right to appeal is not enforceable (see People v Matos, 102 AD3d 890, 891 [2013]).
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The People of the State of New York
v.
Victor Matos
Appellate Division of the Supreme Court of the State of New York.
Jan 23, 2013.
102 A.D.3d 890
Cited by 1 opinion  |  Published

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Dwyer, J.), imposed September 22, 2010, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

[*891] Inasmuch as the record does not demonstrate that the defendant’s purported waiver of his right to appeal was made knowingly, voluntarily, and intelligently, it may not be enforced (see People v Bradshaw, 18 NY3d 257, 264-265 [2011]). Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Angiolillo, Balkin and Sgroi, JJ., concur.