People v. Crimmins

Full title: The People of the State of New York, respondent, v. Andrew Crimmins…

Court: SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department

Date published: Jan 10, 2018

2018 N.Y. Slip Op. 164 (N.Y. App. Div. 2018)

Opinion

2016-06867

01-10-2018

The People of the State of New York, respondent, v. Andrew Crimmins, appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Timothy Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

CHERYL E. CHAMBERS, J.P.

JEFFREY A. COHEN BETSY BARROS LINDA CHRISTOPHER, JJ. (Ind. No. 2363-15)

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Timothy Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Martin Efman, J.), rendered May 24, 2016, convicting him of burglary in the third degree (two counts), upon his plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Lopez, 6 NY3d 248, 256; People v Callahan, 80 NY2d 273, 280). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

CHAMBERS, J.P., COHEN, BARROS and CHRISTOPHER, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court