| People v Long |
| 2020 NY Slip Op 05930 [187 AD3d 1055] |
| October 21, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Marcus Long, Appellant. |
Thomas R. Villecco, Jericho, NY, for appellant.
Anthony A. Scarpino, Jr., District Attorney, White Plains, NY (Jordan K. Hummel andRaffaelina Gianfrancesco of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County (MichaelA. Martinelli, J.), rendered September 6, 2018, convicting him of robbery in the second degree,upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Thomas, 34 NY3d545 [2019]). The County Court's statement to the defendant that by waiving his right toappeal, the defendant's "sentence and conviction here will be final," without more, suggested thatthe waiver may be an absolute bar to the taking of an appeal (see id.; People v Aquino, 184 AD3d 656,657 [2020]). However, the defendant's challenge to the amount of restitution imposed isunpreserved for appellate review, since the defendant failed to request a hearing or otherwisechallenge the amount of restitution imposed at sentencing (see People v Sanchez, 103 AD3d 819, 820 [2013]). Under thecircumstances of this case, we decline to reach the issue in the exercise of our interest of justicejurisdiction. Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur.