The People, etc., respondent, v. Evelio Mendez, appellant. (2026)

Submitted—March 16, 2026

DECISION & ORDER

W/

Appeal by the defendant from a judgment of the County Court, Rockland County (Anne B. Bianchi, J.), rendered June 18, 2024, convicting him of course of sexual conduct against a child in the first degree, upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of the right to appeal was invalid.  The County Court's terse oral colloquy mischaracterized the nature of the appeal waiver as an absolute bar to the taking of a direct appeal by stating only that it was a waiver of the “right to appeal your conviction and sentence” (see People v. Thomas, 34 NY3d 545;  People v. Muhammad, 231 AD3d 868, 869).  Accordingly, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v. Lawrence, 227 AD3d 829, 829;  People v. Richards, 224 AD3d 782, 783).

Nonetheless, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

GENOVESI, J.P., FORD, VOUTSINAS and GOLIA, JJ., concur.

ENTER:

Darrell M. Joseph

Clerk of the Court