People v Clark, 2023 NY Slip Op 03474 [217 AD3d 964]

June 28, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Daniel W. Clark, Appellant.

Laurette D. Mulry, Riverhead, NY (Amanda E. Schaefer of counsel), for appellant.

Raymond A. Tierney, District Attorney, Riverhead, NY (Meaghan Powers of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Suffolk County (Chris Ann Kelley, J.), imposed August 6, 2021, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Lopez , 6 NY3d 248 , 256 [2006]). The record reflects that the Supreme Court made its own offer of sentence to the defendant and required that the defendant waive his right to appeal, but did not set forth any reason for demanding an appeal waiver, and none is apparent on the record ( see People v Sutton , 184 AD3d 236 , 244-245 [2020]). Accordingly, the purported waiver does not preclude appellate review of the defendant’s excessive sentence claim ( see id. at 244-245).

However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Duffy, J.P., Christopher, Wooten and Voutsinas, JJ., concur..