People v. Taylor

Oct 21, 2015
2012-08118
Versions:132 A.D.3d 915
17 N.Y.S.3d 885

Ordered that the judgment is affirmed.

The defendant‘s purported waiver of his right to appeal was invalid (see People v Sanders, 25 NY3d 337, 340 [2015]; People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]; People v Avendano, 119 AD3d 597, 598 [2014]; People v Floyd, 112 AD3d 963 [2013]; People v Jones, 106 AD3d 1106 [2013]; People v Sommerville, 104 AD3d 880 [2013]) 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]).

The defendant‘s contention that he was improperly sentenced as a second felony offender is unpreserved for appellate review since he did not contest or controvert his status as a second felony offender when he had the opportunity to do so at the sentencing hearing (see CPL 470.05 [2]; People v Samms, 95 NY2d 52, 57 [2000]; People v Smith, 73 NY2d 961, 962-963 [1989]; People v Moshier, 110 AD3d 832, 833 [2013]; People v Simmons, 73 AD3d 1095, 1096 [2010]; People v Delston, 30 AD3d 536 [2006]).

The defendant‘s remaining contention is without merit.

Rivera, J.P., Balkin, Dickerson and Cohen, JJ., concur.