People v Brown
2020 NY Slip Op 01927 [181 AD3d 819]
March 18, 2020
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 29, 2020


[*1]
 The People of the State of New York, Respondent,
v
Christopher Brown, Appellant.

Janet E. Sabel, New York, NY (William Carney of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Jean M. Joyce of counsel; Isaac Belenkiy on the memorandum), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (John T. Hecht, J., at plea; Sharen D. Hudson, J., at sentencing), imposed June 28, 2018, 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, inasmuch as the Supreme Court made "erroneous advisements warning of absolute bars to the pursuit of all potential remedies" (People v Thomas, 34 NY3d 545, 566 [2019]; see People v Christie, 180 AD3d 802 [2020]). Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence contention (see People v Lopez, 6 NY3d 248, 255 [2006]).

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur.