Opinion
07-26-2017
The PEOPLE, etc., respondent, v. Fredy QUIZHPE, appellant.
Kenyon C. Trachte, Newburgh, NY, for appellant, and appellant pro se. David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Kenyon C. Trachte, Newburgh, NY, for appellant, and appellant pro se.
David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 19, 2015, convicting him of manslaughter in the first degree and aggravated vehicular assault, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
As the People correctly concede, 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. Devaney, 146 A.D.3d 803, 43 N.Y.S.3d 920 ). However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The contentions raised in the defendant's pro se supplemental brief are without merit.
BALKIN, J.P., SGROI, COHEN and DUFFY, JJ., concur.