Opinion
2018–15112 Ind. No. 18-00619
02-13-2020
The PEOPLE, etc., Respondent, v. Ursula BERRY, Appellant.
Walter J. Storey, Goshen, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Walter J. Storey, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Robert H. Middlemiss of counsel), for respondent.
WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER Appeal by the defendant, as limited by her motion, from a sentence of the County Court, Orange County (Robert H. Freehill, J.), imposed November 15, 2018, upon her plea of guilty, on the ground that the sentence imposed was excessive.
ORDERED that the sentence is affirmed.
"[I]n the face of erroneous advisements warning of absolute bars to the pursuit of all potential remedies," the record does not establish that the defendant knowingly, voluntarily, and intelligently waived her right to appeal ( People v. Thomas , ––– N.Y.3d ––––, ––– N.Y.S.3d ––––, ––– N.E.3d –––, 2019 WL 6312521, 2019 N.Y. Slip Op. 08545, *7 [2019] ; see People v. Bradshaw , 18 N.Y.3d 257, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). Thus, appellate review of her contention that the sentence imposed was excessive is not precluded by the purported waiver.
However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., LEVENTHAL, MILLER, DUFFY and LASALLE, JJ., concur.