Majority
p. 945The People of the State of New York, Respondent, v Jayquan Boone, Appellant. [20 NYS3d 903]
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.
Cases cited
- People v. Bradshaw 18 NY3d 257 at 267 p. 945
- People v. Lopez 6 NY3d 248 at 257 p. 945
- People v. Brown 122 AD3d 133 at 145 p. 945
- People v. Suitte 90 AD2d 80 p. 945