| People v Morocho |
| 2020 NY Slip Op 03542 [184 AD3d 876] |
| June 24, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Abel Antonio Pina Morocho, Appellant. |
Paul Skip Laisure, New York, NY (Stephanie Sonsino of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy ofcounsel; Alastair Allen on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Kings County (Sharen D. Hudson, J.), imposed June 27, 2018, upon his plea of guilty, on theground 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]; People v Tayeh, 181 AD3d 726[2020]). The Supreme Court's colloquy and the written waiver "mischaracterized the appellaterights waived as encompassing an absolute bar to the taking of a direct appeal and the loss ofattendant rights to counsel and poor person relief, and also all postconviction relief separate fromthe direct appeal" (People v Tayeh, 181 AD3d at 727; see People v Thomas, 34 NY3d 545, 565-566 [2019]; People v McDowell, 181 AD3d716 [2020]). Thus, the purported waiver does not preclude this Court's review of thedefendant's excessive sentence claim (see People v Brown, 181 AD3d 819 [2020]; People v Baptiste, 181 AD3d 696[2020]).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur.