Opinion
2019–00714 Ind. No. 1888/16
06-03-2020
The PEOPLE, etc., respondent, v. Michael J. LAWRENCE, appellant.
Janet E. Sabel, New York, N.Y. (Harold V. Ferguson, Jr., of counsel) for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Danielle S. Fenn of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (Harold V. Ferguson, Jr., of counsel) for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (Johnnette Traill and Danielle S. Fenn of counsel; Lorrie A. Zinno on the memorandum), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Leslie Leach, J.), imposed August 27, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
We agree with the defendant that his written waiver of the right to appeal included incorrect statements of the applicable law (see People v. Wilkinson, 176 A.D.3d 879, 880, 107 N.Y.S.3d 896 ). However, the Supreme Court's oral colloquy with the defendant at the plea proceeding was sufficient to remedy the misleading written waiver, and established a knowing, intelligent, and voluntary waiver of the right to appeal under the totality of the circumstances (see People v. Thomas, 34 N.Y.3d 545, 558–62, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Sanders, 25 N.Y.3d 337, 340–341, 12 N.Y.S.3d 593, 34 N.E.3d 344 ). The defendant's valid waiver of his right to appeal precludes appellate review of his contention that the sentence imposed was excessive (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.