People v. Boone

Arleen Lewis, Blauvelt, N.Y., for appellant.

Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.

Opinion

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, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645; People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297; see also People v. Edmunson, 109 A.D.3d 621, 622, 970 N.Y.S.2d 635), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed

was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675).

RIVERA, J.P., DICKERSON, MALTESE and LaSALLE, JJ., concur.