| People v Lazier |
| 2014 NY Slip Op 07685 [122 AD3d 770] |
| November 12, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Russell Lazier, Appellant. |
Gerald Zuckerman, Ossining, N.Y., for appellant.
David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L.Schulz of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County(DeRosa, J.), rendered June 25, 2012, convicting him of burglary 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 Bradshaw, 18NY3d 257, 265 [2011]; People v DeSimone, 80 NY2d 273, 283 [1992];People v Brown, 122 AD3d 133 [2d Dept 2014]) and, thus, does not preclude review of his excessivesentence claim. However, contrary to the defendant's contention, the enhanced sentenceimposed due to his failure to comply with the conditions of the plea agreement was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Leventhal,Hinds-Radix and Maltese, JJ., concur.