People v Crosby
2015 NY Slip Op 06928 [131 AD3d 1179]
September 23, 2015
Appellate Division, Second Department
As corrected through Wednesday, November 4, 2015


[*1]
 The People of the State of New York,Respondent,
v
Andre Crosby, Appellant.

Anthony N. Iannarelli, Jr., New York, N.Y., for appellant.

David M. Hoovler, District Attorney, Middletown, N.Y. (Elizabeth L. Schulz ofcounsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the CountyCourt, Orange County (Berry, J.), imposed October 7, 2013, upon his plea of guilty, onthe ground that the sentence was excessive.

Ordered that the sentence is affirmed.

The defendant's waiver of his right to appeal was invalid (see People v Finnegan, 112AD3d 847 [2013]; People vGil, 109 AD3d 484 [2013]) and, thus, does not preclude review of his excessivesentence claim. However, the sentence imposed was not excessive (see People vSuitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Hall, Austin and Cohen, JJ.,concur.


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