Opinion
2019-12642, 2019-12643, (Ind. No. 3875/18, S.C.I. No. 5395/19)
04-06-2022
The PEOPLE, etc., respondent, v. Devin CALLAHAN, appellant.
Patricia Pazner, New York, NY (Hannah Kon of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Darci Siegel on the memorandum), for respondent.
Patricia Pazner, New York, NY (Hannah Kon of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Darci Siegel on the memorandum), for respondent.
MARK C. DILLON, J.P., VALERIE BRATHWAITE NELSON, CHERYL E. CHAMBERS, PAUL WOOTEN, JOSEPH A. ZAYAS, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Michael A. Gary, J.), both imposed October 4, 2019, upon his pleas of guilty, on the ground that the sentences were excessive.
ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid, since the overall impression left by the Supreme Court's colloquy was that the waiver was an absolute bar to taking an appeal (see People v. Thomas, 34 N.Y.3d 545, 558, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Walker, 189 A.D.3d 1470, 1470, 134 N.Y.S.3d 726 ).
However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., BRATHWAITE NELSON, CHAMBERS, WOOTEN and ZAYAS, JJ., concur.