People v Ligon, 2021 NY Slip Op 05720 [198 AD3d 920]

October 20, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Daniel R. Ligon, Appellant.

Anthony N. Iannarelli, Jr., New York, NY, for appellant.

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

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Craig Stephen Brown, J.), imposed April 1, 2019, 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 because the County Court mischaracterized the nature of the right to appeal by misstating that the defendant waived the right to appeal any and all issues concerning his sentence and otherwise stated in an overbroad fashion that his sentence would be final and conclusive ( see People v Whitlock , 189 AD3d 1473 [2020]; People v Eduardo S. , 186 AD3d 1265 , 1267 [2020]; People v Contreras , 183 AD3d 759 [2020]; People v Howard , 183 AD3d 640 [2020]). Thus, the purported waiver does not preclude appellate review of the defendant’s excessive sentence claim ( see e.g. People v Fuller , 163 AD3d 715 [2018]).

However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Chambers, J.P., Austin, Duffy, Barros and Ford, JJ., concur..