| People v Underwood |
| 2020 NY Slip Op 06155 [187 AD3d 1221] |
| October 28, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Elijah Underwood, Appellant. |
Walter J. Storey, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court,Orange County (Craig Stephen Brown, J.), imposed March 14, 2019, upon his plea of guilty, onthe ground that the sentence was excessive.
Ordered that the sentence 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 deficiencies in the court'sexplanation of the right to appeal, as it did not contain clarifying language that appellate reviewremained available for select issues (see id.). Thus, the purported waiver does notpreclude this Court's review of the defendant's excessive sentence claim (see People v Fuller, 163 AD3d 715[2018]).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur.