PEOPLE v. COCKRELL (2026)

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from three sentences of the County Court, Nassau County (Terence P. Murphy, J.), all imposed March 28, 2024, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

Contrary to the People's contention, the defendant's purported waivers of his right to appeal were invalid (see People v. Thomas, 34 N.Y.3d 545, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Vilmont, 216 A.D.3d 1113, 1114, 189 N.Y.S.3d 721).  Among other deficiencies, the County Court's colloquy failed to adequately advise the defendant of the nature of the right to appeal and suggested that the waivers may be an absolute bar to the taking of an appeal (see People v. Thomas, 34 N.Y.3d at 562–564, 122 N.Y.S.3d 226, 144 N.E.3d 970;  People v. Muhammad, 231 A.D.3d 868, 869, 219 N.Y.S.3d 403).  Thus, the purported waivers of the right to appeal do not preclude appellate review of the defendant's excessive sentence claims (see People v. Lawrence, 227 A.D.3d 829, 829, 208 N.Y.S.3d 711;  People v. Richards, 224 A.D.3d 782, 783, 205 N.Y.S.3d 200).  Nonetheless, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

BARROS, J.P., CHAMBERS, DOWLING, LANDICINO and HOM, JJ., concur.