PEOPLE v. WHITMAN (2024)

Supreme Court, Appellate Division, Second Department, New York.

The PEOPLE, etc., respondent, v. Suzanne WHITMAN, appellant.

2023-06295, 2023-06297

Decided: December 04, 2024

COLLEEN D. DUFFY, J.P., ROBERT J. MILLER, DEBORAH A. DOWLING, PHILLIP HOM, JJ.

Margaret W. Walker, Poughkeepsie, NY (Jennifer Burton of counsel), for appellant. Anthony P. Parisi, District Attorney, Poughkeepsie, NY (Kirsten A. Rappleyea of counsel), for respondent.

DECISION & ORDER

Appeals by the defendant from two judgments of the County Court, Dutchess County (Edward T. McLoughlin, J.), both rendered May 17, 2023, convicting her of grand larceny in the second degree under Indictment No. 103/22, and attempted grand larceny in the second degree under Indictment No. 8/23, upon her pleas of guilty, and imposing sentences.

ORDERED that the judgments are affirmed.

Contrary to the People's contention, the record does not demonstrate that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (see People v. Blake, 210 AD3d 901; People v. Adyl K., 187 AD3d 1208, 1209). Accordingly, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim.

However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80).

DUFFY, J.P., MILLER, DOWLING and HOM, JJ., concur.

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