| People v Wilson |
| 2020 NY Slip Op 03041 [183 AD3d 922] |
| May 27, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Hasson Wilson, Appellant. |
Paul Skip Laisure, New York, NY (Alice R. B. Cullina of counsel), forappellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyceof 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 (Dineen Riviezzo, J.), imposed March 8, 2018, upon his plea ofguilty, on the ground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid. The SupremeCourt's colloquy mischaracterized the scope of the appeal waiver by stating that thedefendant's plea and sentence would not be reviewed by a higher court (see People v Thomas, 34 NY3d545, 560-563 [2019]; People v McDowell, 181 AD3d 716 [2020]), and "neitherthe [Supreme] Court's colloquy nor the written waiver form contain[ed] any languagethat appellate review remained available for select issues, including the voluntariness ofthe plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court"(People v Baptiste, 181AD3d 696 [2020]; see People v Thomas, 34 NY3d at 560-563). Moreover,the defendant was young, inexperienced with the criminal justice system, and had asignificant mental health history. Under all of these circumstances, the purported waiverdoes not preclude appellate review of the defendant's excessive sentence claim (see People v Fuller, 163 AD3d715 [2018]).
However, the sentence imposed was not excessive (see People v Suitte, 90AD2d 80 [1982]). Balkin, J.P., Chambers, Cohen, Connolly and Wooten, JJ.,concur.