| People v Cruz |
| 2008 NY Slip Op 07142 [54 AD3d 962] |
| September 23, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v RudyGarcia Cruz, Also Known as Ruben Santos, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas M. Rossof counsel), for respondent.
Appeals by the defendant from two judgments of the Supreme Court, Kings County(Brennan, J.), both rendered August 15, 2006, convicting him of criminal sale of a controlledsubstance in the third degree and criminal possession of a controlled substance in the seventhdegree under indictment No. 13830/92, and criminal sale of a controlled substance in the thirddegree and criminal possession of a controlled substance in the seventh degree under indictmentNo. 600/93, upon his pleas of guilty, and imposing sentences.
Ordered that the judgments are affirmed.
Contrary to the People's contention, the defendant's purported waiver of his right to appealcannot be considered knowing, voluntary, and intelligent, as the defendant was incorrectlyinformed, in a preprinted waiver form, that his right to appeal did not include the right toappellate review of his sentence on the ground that it was excessive (see People v Hurd, 44 AD3d 791,792 [2007]). Accordingly, we have considered the defendant's contention that the sentencesimposed constituted cruel and unusual punishment, but find [*2]that contention to be without merit. There are no exceptionalcircumstances warranting modification of the sentences, which were within permissible statutorylimits (see People v Jones, 39 NY2d 694, 697 [1976]; People v Brathwaite, 263AD2d 89, 92 [2000]; see also People v Peterson, 155 AD2d 487, 488 [1989]; Peoplev Martinez, 151 AD2d 509 [1989]; People v DeMent, 144 AD2d 690 [1988];People v Buffa, 139 AD2d 751, 751-752 [1988]). Skelos, J.P., Covello, Leventhal andBelen, JJ., concur.