| People v McDowell |
| 2020 NY Slip Op 01642 [181 AD3d 716] |
| March 11, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v James C. McDowell, Appellant. |
Janet E. Sabel, New York, NY (Lauren E. Jones of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Seth M.Lieberman of counsel; Marielle Burnett on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Matthew Sciarrino, J.), imposed June 5, 2017, upon his plea ofguilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The record does not establish that the defendant knowingly, voluntarily andintelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]). TheSupreme Court mischaracterized the nature of the right to appeal by stating that thedefendant's sentence and conviction would be final (see People v Thomas,34 NY3d 545, 568-570 [2019]) and the writtenwaiver form did not overcome the ambiguities in the court's explanation of the right toappeal as it did not contain clarifying language that appellate review remained availablefor select issues (see id.). Thus, the purported waiver does not preclude thisCourt's review of the defendant's excessive sentence claim (see People v Fuller, 163 AD3d715, 715 [2018]).
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ.,concur.