Opinion
2015-09-23
The PEOPLE, etc., respondent, v. Andre CROSBY, appellant.
Anthony N. Iannarelli, Jr., New York, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Anthony N. Iannarelli, Jr., New York, N.Y., for appellant. David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Berry, J.), imposed October 7, 2013, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid ( see People v. Finnegan, 112 A.D.3d 847, 976 N.Y.S.2d 231; People v. Gil, 109 A.D.3d 484, 970 N.Y.S.2d 88) 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.