People v Rivers
2016 NY Slip Op 05393 [141 AD3d 551]
July 6, 2016
Appellate Division, Second Department
As corrected through Wednesday, August 31, 2016


[*1]
 The People of the State of New York,Respondent,
v
Charles L. Rivers III, Appellant.

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

David M. Hoovler, District Attorney, Goshen, NY (Steven E. Goldberg of counsel),for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the CountyCourt, Orange County (De Rosa, J.), imposed December 4, 2013, on the ground that thesentence was excessive.

Ordered that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Lopez, 6 NY3d248 [2006]; People vLazier, 122 AD3d 770, 771 [2014]) and, thus, does not preclude review of hisexcessive sentence claim. However, the sentence imposed was not excessive (seePeople v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Rivera, Hall, Austin and Cohen, JJ.,concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.