| People v Dubose |
| 2020 NY Slip Op 03126 [184 AD3d 584] |
| June 3, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Anthony Dubose, Appellant. |
Walter J. Storey, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court,Orange County (Craig Stephen Brown, J.), imposed March 7, 2019, upon his plea of guilty, onthe ground that the sentence was excessive.
Ordered that the sentence is affirmed.
Contrary to the People's contention, the record does not reflect that the defendant knowingly,voluntarily, and intelligently waived his right to appeal (see People v Bradshaw, 18 NY3d 257 [2011]). The County Court'scolloquy did not ensure that the defendant understood the distinction between the right to appealand the other trial rights which are forfeited incident to a plea of guilty (see People v Lopez, 6 NY3d 248,257 [2006]; People v Portillo, 178AD3d 860 [2019]; People vBatista, 167 AD3d 69, 76 [2018]). Also, the court's colloquy suggested that the appellaterights waived encompassed an absolute bar to the taking of a direct appeal and the loss ofattendant rights to counsel and poor person relief (see People v Thomas, 34 NY3d 545, 564-566 [2019]).
Nevertheless, the sentence imposed was not excessive (see People v Suitte, 90 AD2d80 [1982]). Rivera, J.P., Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur.