Opinion
2019–07920 Ind. No. 18–00684
12-01-2021
The PEOPLE, etc., respondent, v. Gzim SHABAJ, 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 June 3, 2019, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the People's contention, the record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal (see People v. Brown, 195 A.D.3d 943, 943, 146 N.Y.S.3d 514 ; People v. Burbridge, 194 A.D.3d 831, 832, 147 N.Y.S.3d 129 ). The County Court's oral colloquy mischaracterized the appellate rights waived as encompassing an absolute bar to the taking of a direct appeal (see People v. Thomas, 34 N.Y.3d 545, 565, 122 N.Y.S.3d 226, 144 N.E.3d 970 ) and failed to inform the defendant that appellate review remained available for select issues (see People v. Gaindarpersaud, 188 A.D.3d 718, 719, 131 N.Y.S.3d 652 ). Accordingly, the purported waiver does not preclude this Court's review of the defendant's excessive sentence claim (see People v. Dixon, 163 A.D.3d 988, 989, 81 N.Y.S.3d 186 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
CHAMBERS, J.P., AUSTIN, DUFFY, BARROS and FORD, JJ., concur.