People v. Ayala

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Hanophy, J.), imposed August 17, 2010, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

“When a trial court characterizes an appeal as one of the many rights automatically extinguished upon entry of a guilty plea,” a waiver of the right to appeal is invalid (People v Lopez, 6 NY3d 248, 256 [2006]). In the instant case, although the right to appeal was discussed separately from the other rights the defendant was forfeiting by pleading guilty, the question…