People v Shabaj, 2021 NY Slip Op 06709 [200 AD3d 722]

December 1, 2021

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Gzim Shabaj, 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 June 3, 2019, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the record does not establish that the defendant knowingly, voluntarily, and intelligently waived his right to appeal ( see People v Brown , 195 AD3d 943 , 943 [2021]; People v Burbridge , 194 AD3d 831 , 832 [2021]). The County Court’s oral colloquy mischaracterized the appellate rights waived as encompassing an absolute bar to the taking of a direct appeal ( see People v Thomas , 34 NY3d 545 , 565 [2019]) and failed to inform the defendant that appellate review remained available for select issues ( see People v Gaindarpersaud , 188 AD3d 718 , 719 [2020]). Accordingly, the purported waiver does not preclude this Court’s review of the defendant’s excessive sentence claim ( see People v Dixon , 163 AD3d 988 , 989 [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..