People v McHugh

2012 NY Slip Op 08337 [101 AD3d 754]

December 5, 2012

Appellate Division, Second Department

As corrected through Wednesday, February 6, 2013

The People of the State of New York,Respondent, v Edward McHugh, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart ofcounsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court,Richmond County (Rienzi, J.), imposed February 17, 2011, on the ground that the sentence wasexcessive.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 265 [2011]; People vLopez, 6 NY3d 248, 256-257 [2006]), and thus does not preclude review of hisexcessive sentence claim. However, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Mastro, J.P., Angiolillo, Dickerson and Hall, JJ., concur.