THE PEOPLE OF THE STATE OF NEW YORK v KEVIN BRAYE, Also Known as BLIND

THE PEOPLE OF THE STATE OF NEW YORK v KEVIN BRAYE, Also Known asBLIND

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Calendar Date: April 3, 2018Before: Egan Jr., J.P., Lynch, Devine, Aarons and Pritzker, JJ.__________Dana L. Salazar, East Greenbush, for appellant.Robert M. Carney, District Attorney, Schenectady (JenniferUhl, Law Intern), for respondent.__________Appeal from a judgment of the County Court of SchenectadyCounty (Loyola, J.), rendered August 24, 2015, convictingdefendant upon his plea of guilty of the crime of criminal saleof a controlled substance in the third degree.Defendant pleaded guilty to criminal sale of a controlledsubstance in the third degree and purportedly waived his right toappeal. As part of the plea agreement, defendant was advisedthat he would be sentenced to no less than five years but no morethan six years in prison. County Court thereafter sentenced him,as a second felony offender, to six years in prison, to befollowed by 1ó years of postrelease supervision. Defendant nowappeals.Initially, although defendant executed a written waiver ofappeal, the brief inquiry conducted by County Court regardingdefendant’s understanding of the waiver and its ramifications didnot establish that defendant knowingly, intelligently andvoluntarily waived the right to appeal (see People v Joseph PP.,153 AD3d 970, 971 [2017]; People v Davis, 136 AD3d 1220, 1221[2016], lv denied 27 NY3d 1068 [2016]). As such, defendant’schallenge to the severity of his sentence is not precluded (seePeople v Ortiz, 153 AD3d 1049, 1049 [2017]).Nonetheless, given defendant’s criminal history and that heagreed to the sentence as part of the plea agreement, we findneither extraordinary circumstances nor an abuse of discretionwarranting a reduction of the sentence in the interest of justice(see People v Thompson, 157 AD3d 1141, 1142 [2018]; People vZabawczuk, 128 AD3d 1267, 1269 [2015], lv denied 26 NY3d 937[2015]).Egan Jr., J.P., Lynch, Devine, Aarons and Pritzker, JJ.,concur.ORDERED that the judgment is affirmed.ENTER:Robert D. MaybergerClerk of the Court

THE PEOPLE OF THE STATE OF NEW YORK v KEVIN BRAYE, Also Known as BLIND

THE PEOPLE OF THE STATE OF NEW YORK v KEVIN BRAYE, Also Known asBLIND

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