People v Williams
2015 NY Slip Op 00794 [124 AD3d 922]
January 28, 2015
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 4, 2015


[*1]
 The People of the State of New York, Respondent,
v
Tevin N. Williams, Also Known as "Trigger Trey," Appellant.

Mary Zugibe Raleigh, Warwick, N.Y., for appellant.

David M. Hoovler, District Attorney, Middletown, N.Y. (Seth B. Altman and Andrew Kass of counsel), for respondent.

Appeals by the defendant from two judgments of the County Court, Orange County (De Rosa, J.), both rendered September 27, 2012, convicting him of assault in the first degree under indictment No. 712-2011, and assault in the first degree under indictment No. 260-2012, upon his pleas of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant's purported waiver of his right to appeal was invalid (see People v Elmer, 19 NY3d 501, 510 [2012]; People v Bradshaw, 18 NY3d 257, 265 [2011]; People v Brown, 122 AD3d 133, 137, 141 [2014]) and, thus, does not preclude review of his excessive sentence claims. However, contrary to the defendant's contentions, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]). Skelos, J.P., Sgroi, Maltese and Duffy, JJ., concur.