| People v Pellew |
| 2020 NY Slip Op 05939 [187 AD3d 1060] |
| October 21, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Gavin Pellew, Appellant. |
Paul Skip Laisure, New York, NY (Lynn W.L. Fahey of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Amy Appelbaum 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 May 28, 2019, 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 Thomas, 34 NY3d 545, 566 [2019]). The SupremeCourt's colloquy and the written waiver "mischaracterized the appellate rights waived asencompassing an absolute bar to the taking of a direct appeal and the loss of attendant rights tocounsel and poor person relief" (Peoplev Tayeh, 181 AD3d 726, 727 [2020]; see People v Thomas, 34 NY3d at565-566; People v Morocho, 184AD3d 876 [2020]). Thus, the purported waiver does not preclude this Court's review of thedefendant's excessive sentence claim (see People v Morocho, 184 AD3d 876 [2020]).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Balkin, J.P., Chambers, Cohen, Connolly and Wooten, JJ., concur.