People v. Rivers

Jul 6, 2016
2014-00287
Versions:141 A.D.3d 551
33 N.Y.S.3d 908

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (De Rosa, J.), imposed December 4, 2013, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant‘s purported waiver of his right to appeal was invalid (see People v. Lopez, 6 NY3d 248 [2006]; People v. Lazier, 122 AD3d 770, 771 [2014]) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 AD2d 80 [1982]).

Eng, P.J., Rivera, Hall, Austin and Cohen, JJ., concur.