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PEOPLE v. SCARLETT

2017-11479, Ind. No. 9332/15.

176 A.D.3d 1111 (2019)

108 N.Y.S.3d 894

2019 NY Slip Op 07617

The People of the State of New York, Respondent, v. Dashawn Scarlett, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided October 23, 2019.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Martin B. Sawyer of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Gamaliel Marrero of counsel; Robert Ho on the memorandum), for respondent.

Balkin, J.P., Chambers, Cohen, Barros and Connolly, JJ., concur.

Ordered that the sentence is affirmed.

As the People concede, since the defendant was not informed of the maximum sentence that could be imposed if he failed to comply with a condition of his plea agreement, his general waiver of his right to appeal, given at the time of the plea, did not encompass his claim that the enhanced sentence was excessive (see People v McNeil, 164 A.D.3d 608

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