People v Weber
2017 NY Slip Op 06387 [153 AD3d 946]
August 30, 2017
Appellate Division, Second Department
As corrected through Wednesday, September 27, 2017


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

Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, NY (Karla Lato of counsel), forrespondent.

Eric T. Schneiderman, Attorney General, New York, NY (Alyson J. Gill and MichelleMaerov of counsel), for respondent.

Appeals by the defendant, as limited by his motion, from two sentences of the SupremeCourt, Suffolk County (Collins, J.), both imposed March 14, 2016, upon his pleas of guilty, onthe ground that the sentences were excessive.

Ordered that the sentences are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d257, 264 [2011]; People vLittle, 127 AD3d 1235, 1235-1236 [2015]; People v Brown, 122 AD3d 133, 141 [2014]) and, thus, does notpreclude review of his excessive sentence claim. However, contrary to the defendant'scontention, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80[1982]). Eng, P.J., Hall, Austin, Duffy and Connolly, 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.