Opinion
07-06-2016
The PEOPLE, etc., 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.
Anthony N. Iannarelli, Jr., New York, NY, for appellant.
David M. Hoovler, District Attorney, Goshen, NY (Steven E. Goldberg of counsel), for respondent.
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 N.Y.3d 248, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Lazier, 122 A.D.3d 770, 771, 994 N.Y.S.2d 864 ) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., RIVERA, HALL, AUSTIN and COHEN, JJ., concur.