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

Reset A A Font size: Print

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

Copied to clipboard