| People v Aitcheson |
| 2026 NY Slip Op 00142 [245 AD3d 732] |
| January 14, 2026 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Everette A. Aitcheson, Appellant. |
Laurette D. Mulry, Riverhead, NY (Genevieve M. Cahill of counsel), for appellant.
Raymond A. Tierney, District Attorney, Riverhead, NY (Rosalind C. Gray of counsel), for respondent.
Crimes
- Appeal
- Invalid Waiver of Right to Appeal
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Richard I. Horowitz, J.), imposed November 15, 2023, 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 under the totality of the circumstances (see People v Thomas, 34 NY3d 545, 559 [2019]; People v Lopez, 6 NY3d 248, 256 [2006]). Accordingly, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v Clark, 217 AD3d 964 [2023]).
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Duffy, J.P., Genovesi, Ford, Taylor and McCormack, JJ., concur.