| People v Dixon |
| 2020 NY Slip Op 02934 [183 AD3d 837] |
| May 20, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Rysheek Dixon, Appellant. |
Paul Skip Laisure, New York, NY (Tammy E. Linn of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and GamalielMarrero of 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 (Dineen Ann Riviezzo, J.), imposed December 19, 2017, upon hisplea of 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 inasmuch as the Supreme Court mischaracterizedthe nature of the appeal waiver by stating that the defendant's sentence and convictionwould be final, and the written waiver did not remedy the deficiencies in the appealwaiver colloquy (see People vThomas, 34 NY3d 545, 560-564 [2019]; People v Bradshaw, 18 NY3d 257, 259 [2011]). Thus, thepurported waiver does not preclude this Court's review of the defendant's excessivesentence claim (see People vFuller, 163 AD3d 715, 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.