| People v Brown |
| 2020 NY Slip Op 01927 [181 AD3d 819] |
| March 18, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Christopher Brown, Appellant. |
Janet E. Sabel, New York, NY (William Carney of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyceof counsel; Isaac Belenkiy on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (John T. Hecht, J., at plea; Sharen D. Hudson, J., at sentencing),imposed June 28, 2018, upon his plea of guilty, on the ground that the sentence wasexcessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid, inasmuch as theSupreme Court made "erroneous advisements warning of absolute bars to the pursuit ofall potential remedies" (People v Thomas, 34 NY3d 545, 566 [2019]; see People v Christie, 180 AD3d 802 [2020]). Thus, thepurported waiver does not preclude appellate review of the defendant's excessivesentence contention (see Peoplev Lopez, 6 NY3d 248, 255 [2006]).
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.