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PEOPLE v. WHITLOCK

2018-14622. Ind. No. 554/18.

189 A.D.3d 1473 (2020)

134 N.Y.S.3d 725

2020 NY Slip Op 07924

The People of the State of New York, Respondent, v. Devin Whitlock, Appellant.

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

Decided December 23, 2020.

Attorney(s) appearing for the Case

Paul Skip Laisure , New York, NY ( Anna Kou of counsel), for appellant.

Eric Gonzalez , District Attorney, Brooklyn, NY ( Leonard Joblove and Jean M. Joyce of counsel; Isaac Belenkiy on the memorandum), for respondent.

Dillon, J.P., Chambers, Austin, Hinds-Radix and Christopher, JJ., concur.

Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid, since both the oral and written waiver described his conviction and sentence as "final" (see People v Thomas, 34 N.Y.3d 545, 563-567 [2019]; People v Christopher B., 184 A.D.3d 657, 659 [2020]). Thus, the purported waiver does not preclude appellate review of the defendant's contention that the sentence imposed was excessive.

However, the sentence...

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