People v Boone
2015 NY Slip Op 09293 [134 AD3d 945]
December 16, 2015
Appellate Division, Second Department
As corrected through Wednesday, February 11, 2015


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

Arleen Lewis, Blauvelt, NY, for appellant.

Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger of counsel), forrespondent.

Appeal by the defendant from a judgment of the County Court, Rockland County(Kelly, J.), rendered January 22, 2014, convicting him of burglary in the second 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, 267 [2011]; People v Lopez, 6 NY3d 248, 257 [2006]; People v Brown, 122 AD3d133, 145 [2014]; see alsoPeople v Edmunson, 109 AD3d 621, 622 [2013]), and, thus, does not precludereview of his excessive sentence claim. However, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Dickerson,Maltese and LaSalle, JJ., concur.


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