Submitted—January 20, 2021
DECISION & ORDER
Appeal by the defendant from a judgment of the County Court, Orange County (William L. DeProspo, J.), rendered August 30, 2018, convicting him of robbery in the first degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the Peoples contention, the defendants purported appeal waiver was invalid. The County Court failed to ascertain that the defendant “understood the nature of the appellate rights being waived” and the consequences of waiving those rights (People v. Thomas, 34 NY3d 545, 559; see People v. Daniel, 188 AD3d 908; People v. Iglesias, 187 AD3d 785; People v. Cobian, 186 AD3d 851). Accordingly, the purported appeal waiver does not preclude review of the defendants excessive sentence claim. The sentence imposed was not excessive (see CPL 470.15[6][b]; People v. Suitte, 90 A.D.2d 80).
RIVERA, J.P., BARROS, CONNOLLY, BRATHWAITE NELSON and IANNACCI, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court