| People v Pittman |
| 2008 NY Slip Op 01574 [48 AD3d 709] |
| February 19, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Michael Pittman, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Caroline R.Donhauser of counsel; Gail A. Montemayor on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Holdman, J.), imposed July 13, 2006, upon his conviction of criminal possessionof a weapon in the third degree, upon his plea of guilty, the sentence being a determinate term ofimprisonment of seven years and a period of post-release supervision of three years.
Ordered that the sentence is modified, as a matter of discretion in the interest of justice, byreducing the determinate term of imprisonment of 7 years to a determinate term of imprisonmentof 3 years and by reducing the period of post-release supervision of 3 years to a period ofpost-release supervision of 1½ years.
The defendant was incorrectly informed, in a preprinted waiver form, that his right to appealdid not include the right to appellate review of his sentence on the ground that it was excessive(see People v Hurd, 44 AD3d791, 792 [2007], lv denied 9 NY3d 1006 [2007]). Therefore, the purported waiver ofhis right to appeal cannot be considered knowing, voluntary, and intelligent (see People v Hale, 30 AD3d 613,614 [2006]; People v Rose, 236 AD2d 637 [1997]; People v Rolon, 220 AD2d543 [1995]).
In light of all of the circumstances of this case, the sentence imposed is excessive to theextent indicated herein (see People v Suitte, 90 AD2d 80, 83-87 [1982]). Prudenti, P.J.,Spolzino, Florio, Covello and Dickerson, JJ., concur.