| People v Berry |
| 2020 NY Slip Op 01073 [180 AD3d 801] |
| February 13, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Ursula Berry, Appellant. |
Walter J. Storey, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss ofcounsel), for respondent.
Appeal by the defendant, as limited by her motion, from a sentence of the CountyCourt, Orange County (Robert H. Freehill, J.), imposed November 15, 2018, upon herplea of guilty, on the ground that the sentence imposed was excessive.
Ordered that the sentence is affirmed.
"[I]n the face of erroneous advisements warning of absolute bars to the pursuit of allpotential remedies," the record does not establish that the defendant knowingly,voluntarily, and intelligently waived her right to appeal (People v Thomas,34 NY3d 545, 562-566 [2019]; see People v Bradshaw, 18NY3d 257 [2011]). Thus, appellate review of her contention that the sentenceimposed was excessive is not precluded by the purported waiver.
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur.