People v. Lopez ( 2023 )

People v Lopez (2023 NY Slip Op 06755)

People v Lopez

2023 NY Slip Op 06755

Decided on December 27, 2023

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 27, 2023 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
FRANCESCA E. CONNOLLY, J.P.
ROBERT J. MILLER
LARA J. GENOVESI
DEBORAH A. DOWLING, JJ.

2022-01845
(Ind. No. 137/21)

[*1]The People of the State of New York, respondent,

v

Efrain Lopez, appellant.

Kenyon C. Trachte, Newburgh, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered January 31, 2022, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, as the County Court did not discuss the appeal waiver with the defendant until after he had fully admitted his guilt as part of the plea agreement (see People v Heft, 220 AD3d 806; People v Blake, 210 AD3d 901, 901; People v Diallo, 196 AD3d 598, 598; People v Adyl K., 187 AD3d 1208). Since the defendant did not validly waive his right to appeal, this Court is not precluded from considering the merits of his contention that the sentence imposed was excessive. Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.

ENTER:

Darrell M. Joseph

Acting Clerk of the Court