Opinion
2019-11789 Ind. 83/19
11-24-2021
The People, etc., respondent, v. Pamela Barrow, appellant.
Patricia Pazner, New York, NY (Sarah B. Cohen of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Roni C. Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Submitted - October 27, 2021
D67826 Q/afa
Patricia Pazner, New York, NY (Sarah B. Cohen of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Roni C. Piplani of counsel; Lorrie A. Zinno on the memorandum), for respondent.
WILLIAM F. MASTRO, J.P., SYLVIA O. HINDS-RADIX, VALERIE BRATHWAITE NELSON, LARA J. GENOVESI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Queens County (Barry Kron, J.), imposed September 19, 2019, upon her plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the People's contention, the record does not establish that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v Bradshaw, 18 N.Y.3d 257, 265-266). The Supreme Court 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), and the written waiver of the right to appeal did not overcome the deficiencies in the court's explanation of the right to appeal, as it did not contain clarifying language that appellate review remained available for select issues (see id.). 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).
However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
MASTRO, JP, HINDS-RADIX, BRATHWAITE NELSON and GENOVESI, JJ, concur.