PEOPLE v. LOPEZ (2023)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered January 31, 2022, convicting him of criminal possession of a controlled substance in the third degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

The record does not reflect that the defendant knowingly, voluntarily, and intelligently waived his right to appeal, as the County Court did not discuss the appeal waiver with the defendant until after he had fully admitted his guilt as part of the plea agreement (see People v. Heft, 220 A.D.3d 806, 196 N.Y.S.3d 177;  People v. Blake, 210 A.D.3d 901, 901, 178 N.Y.S.3d 201;  People v. Diallo, 196 A.D.3d 598, 598, 147 N.Y.S.3d 454;  People v. Adyl K., 187 A.D.3d 1208, 131 N.Y.S.3d 642).  Since the defendant did not validly waive his right to appeal, this Court is not precluded from considering the merits of his contention that the sentence imposed was excessive.  Nevertheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

CONNOLLY, J.P., MILLER, GENOVESI and DOWLING, JJ., concur.