Opinion
07-05-2017
The PEOPLE, etc., respondent, v. Ricardo RIVAS, appellant.
Lynn W.L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel; Marina Kosmetatos on the memorandum), for respondent.
Lynn W.L. Fahey, New York, NY (Paul Skip Laisure of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel; Marina Kosmetatos on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (LoPresto, J.), imposed January 14, 2015, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
We agree with the defendant that the purported waiver of his right to appeal was invalid (see People v. Guarchaj, 122 A.D.3d 878, 996 N.Y.S.2d 372 ; People v. Pelaez, 100 A.D.3d 803, 954 N.Y.S.2d 554 ).
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., CHAMBERS, MALTESE and BARROS, JJ., concur.