| People v Valentin |
| 2020 NY Slip Op 04594 [186 AD3d 752] |
| August 19, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Juan Valentin, Appellant. |
John R. Lewis, Sleepy Hollow, NY, for appellant.
Anthony A. Scarpino, Jr., White Plains, NY (William C. Milaccio and Steven A. Bender ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (SusanMarie Cacace, J.), rendered July 17, 2018, convicting him of driving while intoxicated, as afelony, in violation of Vehicle and Traffic Law § 1192 (3), upon his plea of guilty,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's purported waiver of his right to appeal is invalid because the SupremeCourt's terse colloquy, which was not supplemented by a written waiver form, mischaracterizedthe nature of the right to appeal by stating that the defendant's sentence and conviction would befinal (see People v McDowell, 181AD3d 716 [2020]) and failed to inform the defendant that appellate review remainedavailable for select issues (see People vBaptiste, 181 AD3d 696 [2020]). Thus, the purported waiver does not preclude reviewof the defendant's excessive sentence claim (see People v Fuller, 163 AD3d 715 [2018]).
However, the bargained-for sentence was not excessive (see People v Suitte, 90AD2d 80 [1982]). Chambers, J.P., Hinds-Radix, LaSalle and Wooten, JJ., concur.