People v. Davis , 149 A.D.3d 974 ( 2017 )

People v Davis (2017 NY Slip Op 03012)

People v Davis

2017 NY Slip Op 03012

Decided on April 19, 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 April 19, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
REINALDO E. RIVERA, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
COLLEEN D. DUFFY, JJ.

2016-04149

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

v

Scott Davis, appellant. (S.C.I. No. 12-00182)

Philip H. Schnabel, Chester, NY, for appellant.

David M. Hoovler, District Attorney, Middletown, NY (Andrew R. Kass of counsel; Natalie Rios on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from an amended judgment of the County Court, Orange County (De Rosa, J.), rendered April 15, 2016, revoking a sentence of probation previously imposed by the same court, upon a finding that he violated a condition thereof, upon his admission, and imposing a term of imprisonment upon his previous conviction of attempted burglary in the third degree.

ORDERED that the amended judgment is affirmed.

Contrary to the People's contention, the defendant's purported waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim (see People v Lopez, 6 NY3d 248, 256; People v Brown, 122 AD3d 133, 141). However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

RIVERA, J.P., ROMAN, MILLER and DUFFY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court