| People v White |
| 2020 NY Slip Op 02482 [182 AD3d 612] |
| April 29, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Anthony White, Appellant. |
Paul Skip Laisure, New York, NY (William Kastin of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart ofcounsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Richmond County (Stephen J. Rooney, J.), imposed December 4, 2017, upon hisplea of guilty, on the ground that the sentence imposed was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid, as the SupremeCourt mischaracterized the nature of the waiver (see People v Green, 34NY3d 545, 564-566 [2019] [companion case toPeople v Thomas, 34 NY3d 545 (2019)]).Where, as here, a trial court has "mischaracterized the nature of the right a defendant wasbeing asked to cede, an appellate court cannot be certain that the defendantcomprehended the nature of the waiver of appellate rights" (People v Thomas,34 NY3d at 565 [internal quotation marksomitted]). Thus, the purported waiver of the right to appeal does not preclude this Court'sreview of the defendant's excessive sentence claim (see People v Rodriguez, 178 AD3d 736, 736 [2019]).
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Balkin, J.P., Chambers, Cohen, Connolly and Wooten, JJ.,concur.