Majority
p. 1169The People of the State of New York, Respondent, v Mark A. Betancourt, Appellant. [41 NYS3d 428]
—Appeal by the defendant, as limited by his motion, from a resentence of the County Court, Orange County (Berry, J), imposed March 23, 2015, on the ground that the resentence was excessive.
Ordered that the resentence is affirmed.
The defendant’s purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257 [2011]; People v Lopez, 6 NY3d 248 , 256 [2006]; 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 resentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
Eng, P.J., Hall, Cohen, LaSalle and Connolly, JJ., concur.
Cases cited
- People v. Bradshaw 18 NY3d 257 p. 1169
- People v. Lopez 6 NY3d 248 at 256 p. 1169
- People v. Finnegan 112 AD3d 847 p. 1169
- People v. Suitte 90 AD2d 80 p. 1169