| People v Lawrence |
| 2020 NY Slip Op 03131 [184 AD3d 587] |
| June 3, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Michael J. Lawrence, Appellant. |
Janet E. Sabel, New York, NY (Harold V. Ferguson, Jr., of counsel) for appellant.
Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Danielle S. Fenn ofcounsel; Lorrie A. Zinno on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Queens County (Leslie Leach, J.), imposed August 27, 2018, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
We agree with the defendant that his written waiver of the right to appeal included incorrectstatements of the applicable law (seePeople v Wilkinson, 176 AD3d 879, 880 [2019]). However, the Supreme Court's oralcolloquy with the defendant at the plea proceeding was sufficient to remedy the misleadingwritten waiver, and established a knowing, intelligent, and voluntary waiver of the right to appealunder the totality of the circumstances (see People v Thomas, 34 NY3d 545, 559-562 [2019]; People v Sanders, 25 NY3d 337,340-341 [2015]). The defendant's valid waiver of his right to appeal precludes appellate reviewof his contention that the sentence imposed was excessive (see People v Lopez, 6 NY3d 248, 256 [2006]). Rivera, J.P.,Maltese, Barros, Brathwaite Nelson and Iannacci, JJ., concur.