People v Rajbar, 2019 NY Slip Op 00311 [168 AD3d 883]

January 16, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Oma Rajbar, Appellant.

Paul Skip Laisure, New York, NY (Rebecca J. Gannon of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher J. Blira-Koessler of counsel; Ilan Borochov on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Suzanne Melendez, J., at plea; John F. Zoll, J., at sentencing), imposed October 16, 2015, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid ( see People v Glover , 164 AD3d 1259 [2018]; People v Valentin , 162 AD3d 693 [2018]). The Supreme Court conflated the defendant’s right to appeal with the rights automatically forfeited by a plea of guilty, and failed to ascertain on the record whether the defendant had read the written waiver of the right to appeal or discussed its provisions with his attorney. 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..