Opinion
11-12-2014
The PEOPLE, etc., respondent, v. Russell LAZIER, appellant.
Gerald Zuckerman, Ossining, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Gerald Zuckerman, Ossining, N.Y., for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered June 25, 2012, convicting him of burglary in the third degree, upon his plea of guilty, and imposing sentence.ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297, 2014 N.Y. Slip Op. 06101 [2d Dept.2014] ) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the enhanced sentence imposed due to his failure to comply with the conditions of the plea agreement was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SKELOS, J.P., LEVENTHAL, HINDS–RADIX and MALTESE, JJ., concur.