People v. Crosby

131 A.D.3d 1179, 16 N.Y.S.3d 764

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: September 23, 2015
• Docket: 2013-09966
• Status: Published

Opinion

—Appeal ? ? by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (Berry, J.), imposed October 7, 2013, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant’s waiver of his right to appeal was invalid (see People v Finnegan, 112 AD3d 847 [2013]; People v Gil, 109 AD3d 484 [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]).

Eng, P.J., Rivera, Hall, Austin and Cohen, JJ., concur.