Opinion
2018–08784 Ind.No. 17–00051
10-21-2020
The PEOPLE, etc., respondent, v. Jaime SEALEY, appellant.
Yasmin Daley Duncan, Brooklyn, NY, for appellant. William V. Grady, District Attorney, Poughkeepsie, N.Y. (Anna K. Diehn of counsel), for respondent.
Yasmin Daley Duncan, Brooklyn, NY, for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Anna K. Diehn of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOSEPH J. MALTESE, BETSY BARROS, VALERIE BRATHWAITE NELSON, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Dutchess County (Peter M. Forman, J.), rendered November 14, 2017, convicting him of criminal possession of a controlled substance in the third degree and bribing a witness, 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 because the County Court's oral colloquy mischaracterized the appellate rights waived as encompassing a bar to filing an appellate brief and the loss of attendant rights to counsel and poor person relief (see People v. Thomas, 34 N.Y.3d 545, 560–564, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Walder, 186 A.D.3d 1272, 127 N.Y.S.3d 894 [2d Dept.] ; People v. Howard, 183 A.D.3d 640, 121 N.Y.S.3d 622 ). These defects were not cured by the terms of the written appeal waiver form which repeated many of the mischaracterizations contained in the court's oral colloquy (see People v. Howard, 183 A.D.3d 640, 121 N.Y.S.3d 622 ). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see id. ; People v. Fuller, 163 A.D.3d 715, 76 N.Y.S.3d 852 ).
However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., MALTESE, BARROS, BRATHWAITE NELSON and IANNACCI, JJ., concur.