Opinion
2015–12317 Ind. No. 5852/14
08-19-2020
The PEOPLE, etc., Respondent, v. Jude JEREMIAH, Appellant.
Paul Skip Laisure, New York, N.Y. (Denise A. Corsi´ of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Julian Joiris of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Denise A. Corsi´ of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Julian Joiris of counsel), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, ROBERT J. MILLER, JJ.
DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Kings County (Elizabeth Foley, J.), rendered November 12, 2015, convicting him of criminal possession of a firearm, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid. The Supreme Court's colloquy overstated the scope of the purported waiver by informing the defendant that he was "giving up [his] right to appeal any issue that may arise in this case " (emphasis added), and neither the court's colloquy nor the written waiver form contained any language that appellate review remained available for select issues (compare People v. McDowell , 181 A.D.3d 716, 117 N.Y.S.3d 854, and People v. Baptiste , 181 A.D.3d 696, 117 N.Y.S.3d 882, with People v. Thomas , 34 N.Y.3d 545, 564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). Moreover, the defendant was inexperienced with the criminal justice system. Under all of these circumstances, the purported waiver does not preclude review of his contentions (see People v. Wilson , 183 A.D.3d 922, 122 N.Y.S.3d 545 ).
However, the bargained-for sentence was not excessive (see People v. Suitte , 90 A.D.2d 80, 455 N.Y.S.2d 675 ), and the defendant's remaining contention is without merit.
BALKIN, J.P., CHAMBERS, ROMAN and MILLER, JJ., concur.