Opinion
2019–13714 2020–08581 Ind. No. 372/2018 S.C.I. No. 4/2018
12-23-2020
The PEOPLE, etc., respondent, v. Jovon J. HATCHETT, appellant.
Walter J. Storey, Goshen, NY, for appellant. David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
Walter J. Storey, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, N.Y. (Andrew R. Kass of counsel), for respondent.
MARK C. DILLON, J.P., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeals by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Craig Stephen Brown, J.), imposed October 2, 2018, and an amended sentence of the same court, also imposed October 2, 2018, on the ground that the sentence and the amended sentence are excessive.
ORDERED that the sentence and the amended sentence are affirmed.
The defendant's purported waiver of his right to appeal was invalid. The County Court's colloquy mischaracterized the scope of the appeal waiver by stating that the defendant's plea and sentence would not be reviewed by a higher court (see People v. Thomas, 34 N.Y.3d 545, 561–564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. McDowell, 181 A.D.3d 716, 117 N.Y.S.3d 854 ), and "neither the ... [c]ourt's colloquy nor the written waiver form contain[ed] any language that appellate review remained available for select issues, including the voluntariness of the plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court" ( People v. Baptiste, 181 A.D.3d 696, 696, 117 N.Y.S.3d 882 ; see People v. Thomas, 34 N.Y.3d at 561–564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). Moreover, the defendant was young and relatively inexperienced with the criminal justice system. Under these circumstances, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v. Wilson, 183 A.D.3d 922, 122 N.Y.S.3d 545 ; People v. Fuller, 163 A.D.3d 715, 76 N.Y.S.3d 852 ).
However, neither the sentence nor the amended sentence imposed were excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., CHAMBERS, AUSTIN, HINDS–RADIX and CHRISTOPHER, JJ., concur.