People v. Solizgalvez

159 A.D.3d 838

69 N.Y.S.3d 826 (Mem)

The PEOPLE, etc., respondent,

v.Orlen SOLIZGALVEZ, appellant.

2016–11224

Ind. No. 2323/15

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

Submitted—February 15, 2018

March 14, 2018

Laurette D. Mulry, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Timothy Sini, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.

REINALDO E. RIVERA, J.P., CHERYL E. CHAMBERS, SHERI S. ROMAN, ANGELA G. IANNACCI, JJ.

DECISION & ORDER

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, 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. Little, 127 A.D.3d 1235, 1235–1236, 5 N.Y.S.3d 896 ; People v. Brown, 122 A.D.3d 133, 141, 992 N.Y.S.2d 297 ) 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, 455 N.Y.S.2d 675 ).

RIVERA, J.P., CHAMBERS, ROMAN and IANNACCI, JJ., concur.