People v Warren, 2024 NY Slip Op 01827 [226 AD3d 711]

April 3, 2024

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Anthony Warren, Appellant.

Patricia Pazner, New York, NY (Mark W. Vorkink of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Melissa Owen of counsel; Rebecca Siegel on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Michael D. Kitsis, J.), imposed February 10, 2022, 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 Supreme 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 preclude 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..