| People v Velez |
| 2020 NY Slip Op 03550 [184 AD3d 880] |
| June 24, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Raymond Velez, Appellant. |
Jennifer Spencer, White Plains, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Raffaelina Gianfrancesco andWilliam C. Milaccio of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (Larry J.Schwartz, J.), rendered August 22, 2017, convicting him of burglary in the second degree, uponhis plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The record does not establish that the defendant knowingly, voluntarily and intelligentlywaived his right to appeal (see People vBradshaw, 18 NY3d 257 [2011]). The County Court mischaracterized the nature of theright to appeal by stating that the defendant's sentence and conviction would be final (see People v McDowell, 181 AD3d716 [2020], citing People vThomas, 34 NY3d 545 [2019]), and the written waiver form also stated that hisconviction and sentence would be final. Thus, the purported waiver does not preclude appellatereview of the defendant's excessive sentence claim.
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.