People v Bollers, 2019 NY Slip Op 00295 [168 AD3d 872]

January 16, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Steve Bollers, Appellant.

Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Victor Barall 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 (Martin P. Murphy, J.), imposed April 4, 2016, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid because the Supreme Court did not adequately explain the nature of the rights being waived ( see People v Jackson , 166 AD3d 649 [2018]; People v Chambers , 142 AD3d 672 [2016]; People v Brown , 122 AD3d 133 , 140 [2014]), and thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Rivera, J.P., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..