Opinion
2016–05885 S.C.I. No. 15-01389
11-03-2021
The PEOPLE, etc., respondent, v. Isaac MCKNIGHT, appellant.
Gerald Zuckerman, Croton on Hudson, NY, for appellant. Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel; Cheyanna Fuchs on the brief), for respondent.
Gerald Zuckerman, Croton on Hudson, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel; Cheyanna Fuchs on the brief), for respondent.
REINALDO E. RIVERA, J.P., ROBERT J. MILLER, LARA J. GENOVESI, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Susan M. Cacace, J.), rendered April 26, 2016, convicting him of criminal sexual act in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal is invalid because the Supreme Court's terse colloquy, which was not supplemented by a written waiver form, mischaracterized the nature of the right to appeal by stating that the defendant's sentence and conviction would be final (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Valentin, 186 A.D.3d 752, 752, 127 N.Y.S.3d 283 ; People v. McDowell, 181 A.D.3d 716, 716, 117 N.Y.S.3d 854 ), and failed to inform the defendant that appellate review remained available for select issues (see People v. Valentin, 186 A.D.3d at 752, 127 N.Y.S.3d 283 ; People v. Baptiste, 181 A.D.3d 696, 117 N.Y.S.3d 882 ). Thus, the purported waiver does not preclude review of the defendant's excessive sentence claim (see People v. Fuller, 163 A.D.3d 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 ).
RIVERA, J.P., MILLER, GENOVESI and FORD, JJ., concur.