From Casetext: Smarter Legal Research

People v. Rivers

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 6, 2016
2016 N.Y. Slip Op. 5393 (N.Y. App. Div. 2016)

Opinion

2014-00287

07-06-2016

The People of the State of New York, respondent, v. Charles L. Rivers III, appellant.

Anthony N. Iannarelli, Jr., New York, NY, for appellant. David M. Hoovler, District Attorney, Goshen, NY (Steven E. Goldberg of counsel), for respondent.


REINALDO E. RIVERA L. PRISCILLA HALL LEONARD B. AUSTIN JEFFREY A. COHEN, JJ. (Ind. No. 13-00135)

Anthony N. Iannarelli, Jr., New York, NY, for appellant.

David M. Hoovler, District Attorney, Goshen, NY (Steven E. Goldberg of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (De Rosa, J.), imposed December 4, 2013, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d 248; People v Lazier, 122 AD3d 770, 771) 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).

ENG, P.J., RIVERA, HALL, AUSTIN and COHEN, JJ., concur. ENTER:

Aprilanne Agostino

Clerk of the Court


Summaries of

People v. Rivers

SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
Jul 6, 2016
2016 N.Y. Slip Op. 5393 (N.Y. App. Div. 2016)
Case details for

People v. Rivers

Case Details

Full title:The People of the State of New York, respondent, v. Charles L. Rivers III…

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

Date published: Jul 6, 2016

Citations

2016 N.Y. Slip Op. 5393 (N.Y. App. Div. 2016)