Opinion
2013-09-11
The PEOPLE, etc., respondent, v. Renaica L. HARRIS, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Rosalind C. Gray of counsel), for respondent.
*211Appeal by the defendant, as limited by her motion, from a sentence of the County Court, Suffolk County (Weber, J.), imposed July 13, 2011, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of her right to appeal was invalid ( see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Grant, 83 A.D.3d 862, 862–63, 921 N.Y.S.2d 285;People v. Bradshaw, 76 A.D.3d 566, 569, 906 N.Y.S.2d 93,affd.18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645;see also People v. Callahan, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108) and, thus, does not preclude review of her excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).