PEOPLE v. AITCHESON (2026)

DECISION & ORDER

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 N.Y.3d 545, 559, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145).  Accordingly, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v. Clark, 217 A.D.3d 964, 190 N.Y.S.3d 163).

However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

DUFFY, J.P., GENOVESI, FORD, TAYLOR and MCCORMACK, JJ., concur.