Opinion
2019-06452, 2021-04431 Ind. Nos. 18-00473, 18-00732
07-14-2021
The PEOPLE, etc., respondent, v. Shaheed EMERY, appellant.
John R. Lewis, Sleepy Hollow, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. ( Andrew R. Kass of counsel), for respondent.
John R. Lewis, Sleepy Hollow, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. ( Andrew R. Kass of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, BETSY BARROS, VALERIE BRATHWAITE NELSON, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant from two judgments of the County Court, Orange County (William L. DeProspo, J.), both rendered March 1, 2019, convicting him of criminal possession of a controlled substance in the second degree and criminal sale of a controlled substance in the third degree under Indictment No. 18–00473, and criminal sale of a controlled substance in the third degree under Indictment No. 18–00732, upon his pleas of guilty, and imposing sentences.
ORDERED that the judgments are affirmed.
Contrary to the People's contention, the defendant's purported appeal waiver was invalid. The written appeal waiver mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal and the County Court's oral colloquy with the defendant did not cure the ambiguities in the written waiver ( see People v. Bisono, 36 N.Y.3d 1013, 140 N.Y.S.3d 433, 164 N.E.3d 239 ; People v. Thomas, 34 N.Y.3d 545, 566, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). Accordingly, the purported appeal waiver does not bar review of the defendant's contention that the sentences imposed were excessive.
Nonetheless, the sentences imposed were not excessive ( see CPL 470.15[6][b] ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, BARROS, BRATHWAITE NELSON and CHRISTOPHER, JJ., concur.