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People v. Rivera

Supreme Court of New York, Second Department

October 9, 2013

The People of the State of New York, respondent,
v.
Wilfredo Rivera, appellant. Ind. No. 2592/10

Lynn W. L. Fahey, New York, N.Y. (David P. Greenberg of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Steven H. Ju on the memorandum), for respondent.

RANDALL T. ENG, P.J., DANIEL D. ANGIOLILLO, RUTH C. BALKIN, L. PRISCILLA HALL, JJ.

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Kron, J.), imposed May 29, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 N.Y.3d 257; People v Lopez, 6 N.Y.3d 248; People v Bookard, 68 A.D.3d 1128) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v Suitte, 90 A.D.2d 80).

ENG, P.J., ANGIOLILLO, BALKIN and HALL, JJ., concur.


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