People v. Boone

134 A.D.3d 945, 20 N.Y.S.3d 903

Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered January 22, 2014, convicting him of burglary in the second degree, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267 [2011 ]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d 133, 145 [2014]; see also People v Edmunson, 109 AD3d 621, 622 [2013]), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Dickerson, Maltese and LaSalle, JJ., concur.