| People v Solizgalvez |
| 2018 NY Slip Op 01622 [159 AD3d 838] |
| March 14, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Orlen Solizgalvez, Appellant. |
Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant.
Timothy Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (John B.Collins, J.), rendered September 8, 2016, convicting him of murder in the second degree, uponhis 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 Little, 127 AD3d1235, 1235-1236 [2015]; People vBrown, 122 AD3d 133, 141 [2014]) and, thus, does not preclude review of his excessivesentence claim. However, contrary to the defendant's contention, the sentence imposed was notexcessive (see People v Suitte, 90 AD2d 80 [1982]). Rivera, J.P., Chambers, Roman andIannacci, JJ., concur.