| People v Montanye |
| 2013 NY Slip Op 08665 [112 AD3d 971] |
| December 26, 2013 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Lee J. Montanye, Appellant. |
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Francis D. Phillips II, District Attorney, Middletown, N.Y. (Lauren E. Grasso of
counsel), for respondent.
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 [2011]; People v Lopez, 6 NY3d 248, 256-257 [2006]) 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 AD2d 80 [1982]). Eng, P.J., Rivera, Leventhal and Sgroi, JJ., concur.