Opinion
2018–14622 Ind.No. 554/18
12-23-2020
The PEOPLE, etc., respondent, v. Devin WHITLOCK, appellant.
Paul Skip Laisure, New York, N.Y. (Anna Kou 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.
Paul Skip Laisure, New York, N.Y. (Anna Kou 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., CHERYL E. CHAMBERS, LEONARD B. AUSTIN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (John T. Hecht, J.), imposed October 23, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid, since both the oral and written waiver described his conviction and sentence as "final" (see People v. Thomas, 34 N.Y.3d 545, 563–567, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. Christopher B., 184 A.D.3d 657, 659, 125 N.Y.S.3d 149 ). Thus, the purported waiver does not preclude appellate review of the defendant's contention that the sentence imposed was excessive.
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., CHAMBERS, AUSTIN, HINDS–RADIX and CHRISTOPHER, JJ., concur.