| People v McKnight |
| 2021 NY Slip Op 05985 [199 AD3d 705] |
| November 3, 2021 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Isaac McKnight, Appellant. |
Gerald Zuckerman, Croton on Hudson, NY, for appellant.
Miriam E. Rocah, District Attorney, White Plains, NY (Raffaelina Gianfrancesco of counsel;Cheyanna Fuchs on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (SusanM. Cacace, J.), rendered April 26, 2016, convicting him of criminal sexual act in the first 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 is invalid because the SupremeCourt's terse colloquy, which was not supplemented by a written waiver form, mischaracterizedthe nature of the right to appeal by stating that the defendant's sentence and conviction would befinal (see People v Thomas, 34NY3d 545 [2019]; People vValentin, 186 AD3d 752, 752 [2020]; People v McDowell, 181 AD3d 716, 716 [2020]), and failed toinform the defendant that appellate review remained available for select issues (see People vValentin, 186 AD3d at 752; Peoplev Baptiste, 181 AD3d 696 [2020]). Thus, the purported waiver does not preclude reviewof 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]). Rivera, J.P., Miller, Genovesi and Ford, JJ., concur.