People v Garry, 2023 NY Slip Op 00673 [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.

Melinda Katz, District Attorney, Kew Gardens, NY (Johnnette Traill and Christopher Blira-Koessler of counsel; Gianna Gambino on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Ushir Pandit-Durant, J.), imposed October 1, 2021, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence 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 sentence 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 sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Christopher, Ford and Taylor, JJ., concur..