People v. Hill

Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Walsh, J.), imposed December 18, 2009, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant purportedly waived his right to appeal. The Supreme Court, however, did not fulfill its responsibility to ensure that the waiver was knowing, voluntary, and intelligent ( see People v. Bradshaw, 18 N.Y.3d 257, 264–265, 938 N.Y.S.2d 254, 961 N.E.2d 645). Accordingly, the waiver cannot be enforced ( see id. at 265–266, 938 N.Y.S.2d 254, 961 N.E.2d 645).

However, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

ENG, P.J., BALKIN, DICKERSON, CHAMBERS and HINDS–RADIX, JJ., concur.