People v. Callahan

People v Callahan (2022 NY Slip Op 02274)

People v Callahan

2022 NY Slip Op 02274

Decided on April 6, 2022

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 6, 2022 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
MARK C. DILLON, J.P.
VALERIE BRATHWAITE NELSON
CHERYL E. CHAMBERS
PAUL WOOTEN
JOSEPH A. ZAYAS, JJ.
2019-12642
2019-12643
(Ind. No. 3875/18, S.C.I. No. 5395/19)

Patricia Pazner, New York, NY (Hannah Kon of counsel), for appellant.

Eric Gonzalez, District Attorney, Brooklyn, NY (Leonard Joblove and Morgan J. Dennehy of counsel; Darci Siegel on the memorandum), for respondent.

DECISION & ORDER

Appeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Michael A. Gary, J.), both imposed October 4, 2019, upon his pleas of guilty, on the ground that the sentences were excessive.

ORDERED that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid, since the overall impression left by the Supreme Court's colloquy was that the waiver was an absolute bar to taking an appeal (see People v Thomas, 34 NY3d 545, 558; People v Walker, 189 AD3d 1470, 1470).

However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80).

DILLON, J.P., BRATHWAITE NELSON, CHAMBERS, WOOTEN and ZAYAS, JJ., concur.

ENTER:

Maria T. Fasulo

Clerk of the Court