Opinion
2018–10520 (Ind. No. 18–00124)
02-10-2021
The PEOPLE, etc., respondent, v. Anthony J. ABBOTT, appellant.
Philip H. Schnabel, Chester, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. ( Andrew R. Kass of counsel), for respondent.
Philip H. Schnabel, Chester, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. ( Andrew R. Kass of counsel), for respondent.
REINALDO E. RIVERA, J.P., BETSY BARROS, FRANCESCA E. CONNOLLY, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered August 30, 2018, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant's purported appeal waiver was invalid. The County Court failed to ascertain that the defendant "understood the nature of the appellate rights being waived" and the consequences of waiving those rights ( People v. Thomas, 34 N.Y.3d 545, 559, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; see People v. Daniel, 188 A.D.3d 908, 132 N.Y.S.3d 303 ; People v. Iglesias, 187 A.D.3d 785, 130 N.Y.S.3d 342 ; People v. Cobian, 186 A.D.3d 851, 127 N.Y.S.3d 329 ). Accordingly, the purported appeal waiver does not preclude review of the defendant's excessive sentence claim.
The sentence imposed was not excessive ( see CPL 470.15[6][b] ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., BARROS, CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.