Opinion
2016–08803 Ind. No. 776/15
10-03-2018
The PEOPLE, etc., respondent, v. Jonte L. HATCHER, appellant.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Timothy D. Sini, District Attorney, Riverhead, N.Y. (Timothy P. Finnerty of counsel), for respondent.
Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.
Timothy D. Sini, District Attorney, Riverhead, N.Y. (Timothy P. Finnerty of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a resentence of the Supreme Court, Suffolk County (Richard Ambro, J.), imposed June 29, 2016, on the ground that the resentence was excessive.
ORDERED that the resentence is affirmed.
Under the circumstances, the defendant's valid waiver of his right to appeal during the plea proceeding (see People v. Bradshaw, 18 N.Y.3d 257, 264–267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 255, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Dietz, 152 A.D.3d 717, 55 N.Y.S.3d 904 ; People v. Oldham, 146 A.D.3d 985, 44 N.Y.S.3d 918 ) does not preclude appellate review of his contention that the resentence imposed was excessive inasmuch as he entered the plea under conditions that changed following the waiver (see People v. Tausinger, 21 A.D.3d 1181, 1183, 801 N.Y.S.2d 106 ; see also People v. Johnson, 14 N.Y.3d 483, 487, 903 N.Y.S.2d 299, 929 N.E.2d 361 ). Nevertheless, the record reveals that the defendant received a more favorable term of imprisonment upon resentencing and that the resentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.