People v. Larareyes , 23 N.Y.S.3d 588 ( 2016 )

People v Larareyes (2016 NY Slip Op 00519)

People v Larareyes

2016 NY Slip Op 00519

Decided on January 27, 2016

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 January 27, 2016 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
RANDALL T. ENG, P.J.
RUTH C. BALKIN
L. PRISCILLA HALL
JEFFREY A. COHEN
JOSEPH J. MALTESE, JJ.

2014-11532
(Ind. No. 2721-12)

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

v

Cristian Larareyes, also known as Cristian Lara-Reyes, appellant.

Robert C. Mitchell, Riverhead, NY (James H. Miller III of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Michael J. Miller of counsel), for respondent.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Toomey, J.), imposed November 17, 2014, upon his plea of guilty, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257; People v Lopez, 6 NY3d 248, 257; People v Fortier, 130 AD3d 642, 643; People v Pressley, 116 AD3d 794, 796) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

ENG, P.J., BALKIN, HALL, COHEN and MALTESE, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court