People v Garry, 2023 NY Slip Op 00672 [213 AD3d 773]

February 8, 2023

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Lamont J. Garry, Appellant.

Patricia Pazner, New York, NY (Lynn W.L. Fahey of counsel), for appellant.

Sylvia O. Hinds-Radix, Corporation Counsel, New York, NY (Melanie T. West and MacKenzie Fillow of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Queens County (Ushir Pandit-Durant, J.), imposed October 18, 2021, upon his plea of guilty, on the ground that the resentence was excessive.

Ordered that the resentence is affirmed.

The defendant’s purported waiver of his right to appeal was invalid and, therefore, does not preclude appellate review of his contention that the resentence imposed was excessive. In light of the defendant’s limited education, among other factors, we conclude that the defendant did not knowingly, voluntarily, and intelligently waive his right to appeal ( see People v Seaberg , 74 NY2d 1, 11 [1989]). Nevertheless, the resentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Christopher, Ford and Taylor, JJ., concur..