| People v Wallace |
| 2020 NY Slip Op 05952 [187 AD3d 1071] |
| October 21, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Dwayne Wallace, Appellant. |
Mary Zugibe Raleigh, Warwick, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Craig S.Brown, J.), rendered February 1, 2018, convicting him of attempted criminal possession of acontrolled substance in the third degree, upon his 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 Thomas, 34 NY3d545 [2019]), and the written waiver form did not overcome the ambiguities in the court'sexplanation of the right to appeal, as it did not contain clarifying language that appellate reviewremained available for select issues (seePeople v Aquino, 184 AD3d 656, 657 [2020]; People v Dixon, 183 AD3d 837 [2020]; People v McDowell, 181 AD3d716 [2020]). Thus, the purported waiver does not preclude appellate review of thedefendant's excessive sentence claim.
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Scheinkman, P.J., Austin, Cohen and Hinds-Radix, JJ., concur.