Opinion
2021-06187 Ind. 18-00393
11-10-2021
The People of the State of New York, respondent, v. Jose Alfredo Enriquez, appellant.
Mary Zugibe Raleigh, Pine Bush, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Alexander J. H. Ochoa and Andrew R. Kass of counsel), for respondent.
Mary Zugibe Raleigh, Pine Bush, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Alexander J. H. Ochoa and Andrew R. Kass of counsel), for respondent.
LEONARD B. AUSTIN, J.P., COLLEEN D. DUFFY, BETSY BARROS, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (Craig Stephen Brown, J.), rendered February 7, 2019, convicting him of sexual abuse in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The record does not establish that the defendant's waiver of the right to appeal was knowing, voluntary, and intelligent, as the County Court mischaracterized the nature of the right to appeal by stating that the defendant's conviction and sentence would be final (see People v Bisono, 36 N.Y.3d 1013, 1017-1018; People v Thomas, 34 N.Y.3d 545, 564-566), and the written waiver form did not clarify that appellate review remained available for select issues (see People v Thomas, 34 N.Y.3d at 566; People v Brown, 195 A.D.3d 943). Thus, the purported waiver does not preclude appellate review of the defendant's contention that the sentence imposed was excessive.
Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
AUSTIN, J.P., DUFFY, BARROS and WOOTEN, JJ., concur.