People v Callahan, 2022 NY Slip Op 02274 [204 AD3d 688]

April 6, 2022

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Devin Callahan, Appellant.

Patricia Pazner, New York, NY (Hannah Kon of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Darci Siegel on the memorandum), for respondent.

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Michael A. Gary, J.), both imposed October 4, 2019, upon his pleas of guilty, on the ground that the sentences were excessive.

Ordered that the sentences are affirmed.

The defendant’s purported waiver of his right to appeal was invalid, since the overall impression left by the Supreme Court’s colloquy was that the waiver was an absolute bar to taking an appeal ( see People v Thomas , 34 NY3d 545 , 558 [2019]; People v Walker , 189 AD3d 1470 , 1470 [2020]).

However, the sentences imposed were not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Brathwaite Nelson, Chambers, Wooten and Zayas, JJ., concur..