Opinion
2018–11570 Ind. No. 3403/17
05-27-2020
The PEOPLE, etc., Respondent, v. Hasson WILSON, Appellant.
Paul Skip Laisure, New York, N.Y. (Alice R.B. Cullina of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Marielle Burnett on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Alice R.B. Cullina of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Jean M. Joyce of counsel; Marielle Burnett on the memorandum), for respondent.
RUTH C. BALKIN, J.P., CHERYL E. CHAMBERS, JEFFREY A. COHEN, FRANCESCA E. CONNOLLY, PAUL WOOTEN, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Dineen Riviezzo, J.), imposed March 8, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid. The Supreme Court's colloquy mischaracterized the scope of the appeal waiver by stating that the defendant's plea and sentence would not be reviewed by a higher court (see People v. Thomas, 34 N.Y.3d 545, 561–64, 122 N.Y.S.3d 226, 144 N.E.3d 970 ; People v. McDowell, 181 A.D.3d 716, 117 N.Y.S.3d 854 ), and "neither the [Supreme] Court's colloquy nor the written waiver form contain[ed] any language that appellate review remained available for select issues, including the voluntariness of the plea and the appeal waiver, legality of the sentence, and the jurisdiction of the court" ( People v. Baptiste, 181 A.D.3d 696, 117 N.Y.S.3d 882 ; see People v. Thomas, 34 N.Y.3d at 561–64, 122 N.Y.S.3d 226, 144 N.E.3d 970 ). Moreover, the defendant was young, inexperienced with the criminal justice system, and had a significant mental health history. Under all of these circumstances, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see 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 ).
BALKIN, J.P., CHAMBERS, COHEN, CONNOLLY and WOOTEN, JJ., concur.