Opinion
04-19-2017
Philip H. Schnabel, Chester, NY, for appellant. David M. Hoovler, District Attorney, Middletown, NY (Andrew R. Kass of counsel; Natalie Rios on the brief), for respondent.
Philip H. Schnabel, Chester, NY, for appellant.
David M. Hoovler, District Attorney, Middletown, NY (Andrew R. Kass of counsel; Natalie Rios on the brief), for respondent.
Appeal by the defendant from an amended judgment of the County Court, Orange County (De Rosa, J.), rendered April 15, 2016, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a term of imprisonment upon his previous conviction of attempted burglary in the third degree.
ORDERED that the amended judgment is affirmed.
Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 141, 992 N.Y.S.2d 297 ). However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., ROMAN, MILLER and DUFFY, JJ., concur.