People v. Pena , 153 A.D.3d 556 ( 2017 )

People v Pena (2017 NY Slip Op 05977)

People v Pena

2017 NY Slip Op 05977

Decided on August 2, 2017

Appellate Division, Second Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on August 2, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
ROBERT J. MILLER
SYLVIA O. HINDS-RADIX
HECTOR D. LASALLE, JJ.

2016-05268
(Ind. No. 1635/14)

[*1]The People of the State of New York, respondent,

v

Henry Rodriguez Pena, appellant.

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Grazia DiVincenzo of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his brief, from a sentence of the County Court, Suffolk County (Efman, J.), imposed October 6, 2015, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

Contrary to the People's contention, the defendant's waiver of his right to appeal was invalid (see People v Guarchaj, 122 AD3d 878, 879; People v Pelaez, 100 AD3d 803). However, the sentence imposed was not excessive (see People v McKinney, 141 AD3d 1031, 1032; People v Suitte, 90 AD2d 80).

CHAMBERS, J.P., MILLER, HINDS-RADIX and LASALLE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court