PEOPLE v. BEST (2026)

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (Hyun Chin Kim, J.), rendered March 29, 2024, convicting her of grand larceny in the second degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is 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. Lopez, 6 NY3d 248, 256).  The County Court did not mention the appeal waiver as part of the plea agreement being offered to the defendant before the agreement was reached, and it was not until after the defendant had already admitted her guilt that the court discussed the appeal waiver with the defendant (see People v. Bassono, 246 AD3d 936, 936;  People v. Hyman, 244 AD3d 1001, 1001).  Thus, the purported waiver does not preclude appellate review of the defendant's excessive sentence claim (see People v. Hyman, 244 AD3d at 1001).

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

BARROS, J.P., WOOTEN, VENTURA and GOLDBERG VELAZQUEZ, JJ., concur.