The People of the State of New York, Respondent, v Juan Valentin, Appellant.
Appellate Division, Second Department
August 19, 2020
2020 NY Slip Op 04594 [186 AD3d 752]
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, September 30, 2020
Anthony A. Scarpino, Jr., White Plains, NY (William C. Milaccio and Steven A. Bender of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Susan Marie Cacace, J.), rendered July 17, 2018, convicting him of driving while intoxicated, as a felony, in violation of
Ordered that the judgment is affirmed.
The defendant‘s purported waiver of his right to appeal is invalid because the Supreme Court‘s terse colloquy, which was not supplemented by a written waiver form, mischaracterized the nature of the right to appeal by stating that the defendant‘s sentence and conviction would be final (see People v McDowell, 181 AD3d 716 [2020]) and failed to inform the defendant that appellate review remained available for select issues (see People v Baptiste, 181 AD3d 696 [2020]). Thus, the purported waiver does not preclude review of the defendant‘s excessive sentence claim (see People v Fuller, 163 AD3d 715 [2018]).
However, the bargained-for sentence was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Chambers, J.P., Hinds-Radix, LaSalle and Wooten, JJ., concur.