Opinion
2018–10142
08-19-2020
The PEOPLE, etc., Respondent, v. Juan VALENTIN, Appellant. (S.C.I. No. 18-00333)
John R. Lewis, Sleepy Hollow, NY, for appellant. Anthony A. Scarpino, Jr., White Plains, N.Y. (William C. Milaccio and Steven A. Bender of counsel), for respondent.
John R. Lewis, Sleepy Hollow, NY, for appellant.
Anthony A. Scarpino, Jr., White Plains, N.Y. (William C. Milaccio and Steven A. Bender of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, HECTOR D. LASALLE, PAUL WOOTEN, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Susan Marie Cacace, J.), rendered July 17, 2018, convicting him of driving while intoxicated, as a felony, in violation of Vehicle and Traffic Law § 1192(3), 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. McDowell, 181 A.D.3d 716, 117 N.Y.S.3d 854 ) and failed to inform the defendant that appellate review remained available for select issues (see 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 bargained-for sentence was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
CHAMBERS, J.P., HINDS–RADIX, LASALLE and WOOTEN, JJ., concur.