Opinion
2018-02506 Ind. No. 1208/16
05-20-2020
The PEOPLE, etc., Respondent, v. Rysheek DIXON, Appellant.
Paul Skip Laisure, New York, N.Y. (Tammy E. Linn of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Isaac Belenkiy on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Tammy E. Linn of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Gamaliel Marrero of counsel; Isaac Belenkiy on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Dineen Ann Riviezzo, J.), imposed December 19, 2017, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed. The record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal inasmuch as the Supreme Court mischaracterized the nature of the appeal waiver by stating that the defendant's sentence and conviction would be final, and the written waiver did not remedy the deficiencies in the appeal waiver colloquy (see People v. Thomas, 34 N.Y.3d 545, 561–65, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Bradshaw, 18 N.Y.3d 257, 259, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). Thus, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim (see People v. Fuller, 163 A.D.3d 715, 715, 76 N.Y.S.3d 852 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.