The People, etc., respondent, v. Lee J. Montanye, appellant. (2013)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Lee J. Montanye, appellant.

2012–05417 (Ind.No. 12–00027)

Decided: December 26, 2013

RANDALL T. ENG, P.J. REINALDO E. RIVERA JOHN M. LEVENTHAL SANDRA L. SGROI, JJ.

Warren S. Hecht, Forest Hills, N.Y., for appellant. Francis D. Phillips II, District Attorney, Middletown, N.Y. (Lauren E. Grasso of counsel), for respondent.

Submitted—July 26, 2013

DECISION & ORDER

Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Orange County (De Rosa, J.), imposed May 30, 2012, on the ground that the sentence was excessive.

ORDERED that the sentence is affirmed.

The defendant's purported waiver of the right to appeal was invalid (see People v. Bradshaw, 18 NY3d 257, 265; People v. Lopez, 6 NY3d 248, 256–257) 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., RIVERA, LEVENTHAL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network