People v. Torres

People v Torres (2017 NY Slip Op 04477)

People v Torres

2017 NY Slip Op 04477

Decided on June 7, 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 June 7, 2017 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department
CHERYL E. CHAMBERS, J.P.
SHERI S. ROMAN
ROBERT J. MILLER
FRANCESCA E. CONNOLLY, JJ.

2014-11707
(Ind. No. 14-00405)

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

v

Ricardo Torres, appellant.

Mary Zugibe Raleigh, Warwick, NY, for appellant, and appellant pro se.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel; Paul W. Ostrer on the brief), for respondent.

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered December 8, 2014, convicting him of criminal mischief in the third 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 Lopez, 6 NY3d 248, 256; People v Brown, 122 AD3d 133, 141; People v Vasquez, 101 AD3d 1054, 1055) 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).

The defendant's remaining contentions, raised in his pro se supplemental brief, are without merit.

CHAMBERS, J.P., ROMAN, MILLER and CONNOLLY, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court