People v. Whitlock , 2020 NY Slip Op 07924 ( 2020 )

People v Whitlock (2020 NY Slip Op 07924)

People v Whitlock

2020 NY Slip Op 07924

Decided on December 23, 2020

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 23, 2020 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
CHERYL E. CHAMBERS
LEONARD B. AUSTIN
SYLVIA O. HINDS-RADIX
LINDA CHRISTOPHER, JJ.

2018-14622
(Ind. No. 554/18)

[*1]The People of the State of New York, respondent,

v

Devin Whitlock, appellant.

Paul Skip Laisure, New York, NY (Anna Kou 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.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (John T. Hecht, J.), imposed October 23, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid, since both the oral and written waiver described his conviction and sentence as "final" (see People v Thomas, 34 NY3d 545, 563-567; People v Christopher B., 184 AD3d 657, 659). Thus, the purported waiver does not preclude appellate review of the defendant's contention that the sentence imposed was excessive.

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

DILLON, J.P., CHAMBERS, AUSTIN, HINDS-RADIX and CHRISTOPHER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court