Majority
p. 1179The People of the State of New York, Respondent, v Andre Crosby, Appellant. [16 NYS3d 764]
—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.
Cases cited
- People v. Finnegan 112 AD3d 847 p. 1179
- People v. Suitte 90 AD2d 80 p. 1179