People v. Rivas

Full title: The People of the State of New York, respondent, v. Ricardo Rivas…

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

Date published: Jul 5, 2017

2017 N.Y. Slip Op. 5466 (N.Y. App. Div. 2017)

Opinion

2015-01299

07-05-2017

The People of the State of New York, respondent, v. Ricardo Rivas, appellant.

Lynn W. L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Marina Kosmetatos on the memorandum), for respondent.

RANDALL T. ENG, P.J.

CHERYL E. CHAMBERS JOSEPH J. MALTESE BETSY BARROS, JJ. (Ind. No. 862/13)

Lynn W. L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel; Marina Kosmetatos on the memorandum), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (LoPresto, J.), imposed January 14, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

We agree with the defendant that the purported waiver of his right to appeal was invalid (see People v Guarchaj, 122 AD3d 878; People v Pelaez, 100 AD3d 803).

However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., CHAMBERS, MALTESE and BARROS, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court