Opinion
2020–07736, 2020–07740, (Ind. No. 641/19, S.C.I. No. 48/20)
04-13-2022
The PEOPLE, etc., respondent, v. Terrell BAKER, appellant.
Thomas R. Villecco, Jericho, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Alexander J.H. Ochoa and Andrew R. Kass of counsel), for respondent.
Thomas R. Villecco, Jericho, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Alexander J.H. Ochoa and Andrew R. Kass of counsel), for respondent.
FRANCESCA E. CONNOLLY, J.P., SHERI S. ROMAN, LINDA CHRISTOPHER, WILLIAM G. FORD, JJ.
DECISION & ORDER Appeals by the defendant from two judgments of the County Court, Orange County (Craig Stephen Brown, J.), both rendered September 15, 2020, convicting him of assault in the second degree under Indictment No. 641/19, and criminal contempt in the first degree under Superior Court Information No. 48/20, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the County Court mischaracterized the nature of the right to appeal by stating that the defendant's convictions and sentences would be final (see People v. Shanks, 37 N.Y.3d 244, 252, 154 N.Y.S.3d 646, 176 N.E.3d 682 ; People v. Bisono, 36 N.Y.3d 1013, 1017–1018, 140 N.Y.S.3d 433, 164 N.E.3d 239 ; People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ), and the written waiver form did not clarify that appellate review remained available for select issues (see People v. Thomas, 34 N.Y.3d 545, 566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Brown, 195 A.D.3d 943, 943, 146 N.Y.S.3d 514 ). Thus, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim. Nevertheless, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
CONNOLLY, J.P., ROMAN, CHRISTOPHER and FORD, JJ., concur.