People v Abbott, 2021 NY Slip Op 00854 [191 AD3d 796]

February 10, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Anthony J. Abbott, Appellant.

Philip H. Schnabel, Chester, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Andrew R. Kass of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered August 30, 2018, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the People’s contention, the defendant’s purported appeal waiver was invalid. The County Court failed to ascertain that the defendant “understood the nature of the appellate rights being waived” and the consequences of waiving those rights ( People v Thomas , 34 NY3d 545 , 559 [2019]; see People v Daniel , 188 AD3d 908 [2020]; People v Iglesias , 187 AD3d 785 [2020]; People v Cobian , 186 AD3d 851 [2020]). Accordingly, the purported appeal waiver does not preclude review of the defendant’s excessive sentence claim.

The sentence imposed was not excessive ( see CPL 470.15 [6] [b]; People v Suitte , 90 AD2d 80 [1982]). Rivera, J.P., Barros, Connolly, Brathwaite Nelson and Iannacci, JJ., concur..