Opinion
2019–08439 Ind.No. 347/18
09-02-2020
The PEOPLE, etc., respondent, v. John RICCIARDI, appellant.
Paul Skip Laisure, New York, N.Y. (Alice R.B. Cullina of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Alice R.B. Cullina of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart of counsel), for respondent.
MARK C. DILLON, J.P., LEONARD B. AUSTIN, SHERI S. ROMAN, SYLVIA O. HINDS–RADIX, LINDA CHRISTOPHER, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed November 2, 2018, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
Contrary to the People's contention, the defendant was not required to preserve for appellate review his challenge to the validity of the waiver of the right to appeal (see People v. Ramos, 135 A.D.3d 1234, 1235, 23 N.Y.S.3d 479 ; People v. McGrew, 118 A.D.3d 1490, 1490, 987 N.Y.S.2d 539 ; People v. Baliraj, 101 A.D.3d 1175, 1176, 954 N.Y.S.2d 711 ; People v. Hoover, 37 A.D.3d 298, 299–300, 830 N.Y.S.2d 115 ). The People concede that the defendant's purported waiver of the right to appeal was invalid (see generally People v. White, 182 A.D.3d 612, 120 N.Y.S.3d 798 ). The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
DILLON, J.P., AUSTIN, ROMAN, HINDS–RADIX and CHRISTOPHER, JJ., concur.