| People v Cobian |
| 2020 NY Slip Op 04759 [186 AD3d 851] |
| August 26, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Adam Cobian, Appellant. |
Laurette D. Mulry, Riverhead, NY (Felice Milani of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Sharyn Gitter of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (John B.Collins, J.), rendered October 27, 2017, convicting him of robbery in the second degree, upon hisplea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
We agree with the defendant that he did not validly waive the right to appeal (see People v Thomas, 34 NY3d545 [2019]; People vBradshaw, 18 NY3d 257, 264 [2011]; People v Lopez, 6 NY3d 248, 255 [2006]). The County Court failedto sufficiently explain the nature of the right to appeal and the consequences of waiving that right(see People v Parrish, 179 AD3d841 [2020]; People v Solomon,178 AD3d 966 [2019]; People vHimonitis, 174 AD3d 738 [2019]). The fact that the defendant executed a written waiverof the right to appeal is not a complete substitute for an on-the-record explanation of the natureof the right to appeal (see People v Parrish, 179 AD3d at 841-842; People v Brown, 122 AD3d 133,139 [2014]). Thus, appellate review of his contention that the sentence imposed was excessive isnot precluded by the purported waiver. However, the sentence imposed was not excessive(see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Roman, Miller and Wooten, JJ.,concur.