Opinion
2018–09876 Ind. No. 10158/17
03-18-2020
The PEOPLE, etc., Respondent, v. Christopher BROWN, Appellant.
Janet E. Sabel, New York, N.Y. (William Carney of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Isaac Belenkiy on the memorandum), for respondent.
Janet E. Sabel, New York, N.Y. (William Carney of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Isaac Belenkiy on the memorandum), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid, inasmuch as the Supreme Court made "erroneous advisements warning of absolute bars to the pursuit of all potential remedies" ( People v. Thomas , 34 N.Y.3d 545, ––––, ––– N.Y.S.3d ––––, ––– N.E.3d ––––, 2019 N.Y. Slip Op. 08545, 2019 WL 6312521, *7 [2019] ; see People v. Christie , 180 A.D.3d 802, 115 N.Y.S.3d 918 [2d Dept. 2020] ). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence contention (see People v. Lopez , 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ).
However, the sentence imposed was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.