People v Blocker, 2019 NY Slip Op 02890 [171 AD3d 1083]

April 17, 2019

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Tyrell Blocker, Appellant.

Janet E. Sabel, New York, NY (Eve Kessler of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle M. O’Boyle of counsel), for respondent.

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Queens County (Barry Kron, J.), both imposed August 2, 2016, 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 waiver conflated the right to appeal with the other rights automatically waived by pleading guilty ( see People v Pierre , 165 AD3d 1175 [2018]). Accordingly, the purported waiver does not preclude review of his excessive sentence claims ( see People v Vinson , 161 AD3d 1109 [2018]). However, the sentences imposed were not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Hinds-Radix, Brathwaite Nelson and Iannacci, JJ., concur..