People v Torres, 2024 NY Slip Op 03700 [229 AD3d 469]

July 3, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Hector E. Torres, Appellant.

John R. Lewis, Sleepy Hollow, 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 (Victoria B. Campbell, J.), imposed December 15, 2021, 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 demonstrate that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, since the County Court did not discuss the appeal waiver until after the defendant had already admitted his guilt as part of the plea agreement ( see People v Blake , 210 AD3d 901 [2022]; People v Diallo , 196 AD3d 598 [2021]). Thus, the defendant’s purported waiver of his right to appeal does not foreclose appellate review of his excessive sentence claim.

However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Barros, J.P., Wooten, Warhit, Taylor and Love, JJ., concur..