MEMORANDUM
MEMORANDUM:
The order of the Appellate Division should be reversed and the case remitted to that Court for further proceedings in accordance with this memorandum.
Defendants waiver of the right to appeal was invalid and unenforceable pursuant to our analysis in People v. Thomas, 34 N.Y.3d 545, 144 N.E.3d 970 (2019) and People v. Bisono, 36 N.Y.3d 1013, 164 N.E.3d 239 (2020). In voting to affirm the judgment, one Justice of the three-Justice Appellate Division majority panel did not reach the merits of defendants interest-of-justice challenge to the excessiveness of his sentence based on that Justices conclusion that the appeal waiver was valid (see generally People v. Callahan, 80 N.Y.2d 273, 284–285, 590 N.Y.S.2d 46, 604 N.E.2d 108 [1992]). We therefore reverse and remit to the Appellate Division for consideration of the merits of defendants excessive sentence challenge (see People v Billingslea [decided sub nom. People v Lopez], 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 [2006]).
On review of submissions pursuant to section 500.11 of the Rules, order reversed and case remitted to the Appellate Division, Third Department, for further proceedings in accordance with the memorandum herein.
Chief Judge Wilson and Judges Rivera, Garcia, Singas, Cannataro, Troutman and Halligan concur.