| People v Contreras |
| 2020 NY Slip Op 02805 [183 AD3d 759] |
| May 13, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Juan Contreras, Appellant. |
Paul Skip Laisure, New York, NY (Mark W. Vorkink of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J.Dennehy of counsel; Maria Torres on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the SupremeCourt, Kings County (Matthew Sciarrino, Jr., J.), imposed August 6, 2018, upon his pleaof guilty, 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 waiver of the right to appeal by statingthat the defendant's sentence and conviction would be final (see People vThomas, 34 NY3d 545, 565 [2019]), and the written waiver form did not overcome theambiguities in the court's explanation of the waiver of the right to appeal as it did notcontain clarifying language that appellate review remained available for select issues(see id.). Thus, the purported waiver does not preclude appellate review of thedefendant's excessive sentence claim (see People v Fuller, 163 AD3d 715, 715 [2018]).
In any event, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ.,concur.