| People v Berry |
| 2020 NY Slip Op 01073 [180 AD3d 801] |
| February 13, 2020 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Ursula Berry, Appellant. |
Walter J. Storey, Goshen, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Appeal by the defendant, as limited by her motion, from a sentence of the County Court, Orange County (Robert H. Freehill, J.), imposed November 15, 2018, upon her plea of guilty, on the ground that the sentence imposed was excessive.
Ordered that the sentence is affirmed.
"[I]n the face of erroneous advisements warning of absolute bars to the pursuit of all potential remedies," the record does not establish that the defendant knowingly, voluntarily, and intelligently waived her right to appeal (People v Thomas, 34 NY3d 545, 562-566 [2019]; see People v Bradshaw, 18 NY3d 257 [2011]). Thus, appellate review of her contention that the sentence imposed was excessive is not precluded by the purported waiver.
However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Mastro, J.P., Leventhal, Miller, Duffy and LaSalle, JJ., concur.