| People v Brady-Laffer |
| 2013 NY Slip Op 00221 [102 AD3d 806] |
| January 16, 2013 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Melinda Brady-Laffer, Appellant. |
—[*1] Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M. Tang of counsel),for respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County(Hudson, J.), rendered November 10, 2011, convicting her of robbery in the first degree,upon her plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
As the defendant correctly contends, her waiver of the right to appeal isunenforceable "as there was no promise, plea agreement, reduced charge, or any otherbargain or consideration given to the defendant in exchange for [her] plea" (People v Nicelli, 74 AD3d1235, 1236-1237 [2010]; see People v Coles, 13 AD3d 665, 666 [2004]). As thedefendant's waiver of her right to appeal is invalid, appellate review of her sentence isnot precluded.
Nevertheless, under the circumstances of this case, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Balkin,Chambers and Hall, JJ., concur.