| People v Daniel |
| 2020 NY Slip Op 06542 [188 AD3d 908] |
| November 12, 2020 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Rahmell Daniel, Appellant. |
Laurette D. Mulry, Riverhead, NY (Amanda E. Schaefer of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, NY (Elena Tomaro of counsel), forrespondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court,Suffolk County (Richard Ambro, J.), imposed April 12, 2019, upon his plea of guilty, on theground that the sentence was excessive.
Ordered that the sentence is affirmed.
The defendant's purported waiver of his right to appeal is invalid, as the County Court failedto ascertain "that the defendant understood the nature of the appellate rights being waived" andthe consequences of waiving those rights (People v Thomas, 34 NY3d 545, 559 [2019]). Furthermore, thecourt failed to indicate that certain rights are nonwaivable and incorrectly suggested that thewaiver was an absolute bar to the taking of an appeal (see id. at 565-566; People v Suarez-Montoya, 183 AD3d765 [2020]). There also is no indication in the record that the written waiver form was readto the defendant, who is legally blind (see People v Cortez, 160 AD3d 893 [2018]; People v Brown, 122 AD3d 133,138-139 [2014]), and thus, the written waiver cannot cure any deficiencies in the court's oralcolloquy (see People v Brown, 122 AD3d at 140). Accordingly, the purported waiverdoes not preclude appellate review of the defendant's excessive sentence claim.
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]).
The defendant's remaining contentions are without merit. Mastro, J.P., Leventhal, Miller,Duffy and LaSalle, JJ., concur.