Opinion
2021-05720 Ind. 18-00830
10-20-2021
The People of the State of New York, respondent, v. Daniel R. Ligon, appellant.
Anthony N. Iannarelli, Jr., New York, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
Anthony N. Iannarelli, Jr., New York, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, BETSY BARROS, WILLIAM G. FORD, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Craig Stephen Brown, J.), imposed April 1, 2019, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid because the County Court mischaracterized the nature of the right to appeal by misstating that the defendant waived the right to appeal any and all issues concerning his sentence and otherwise stated in an overbroad fashion that his sentence would be final and conclusive (see People v Whitlock, 189 A.D.3d 1473; People v Eduardo S., 186 A.D.3d 1265, 1267; People v Contreras, 183 A.D.3d 759; People v Howard, 183 A.D.3d 640). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see e.g. People v Fuller, 163 A.D.3d 715).
However, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).
CHAMBERS, J.P., AUSTIN, DUFFY, BARROS and FORD, JJ., concur.