People v Oliva
2014 NY Slip Op 00534 [113 AD3d 877]
January 29, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 5, 2014


The People of the State of New York, Respondent,
v
Nicole A. Oliva, Appellant.

—[*1] Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant.

Thomas J. Spota, District Attorney, Riverhead, N.Y. (Michael J. Miller of counsel), for respondent.

Appeals by the defendant, as limited by her motion, from two sentences of the County Court, Suffolk County (Weber, J.), both imposed March 14, 2012, on the ground that the sentences were excessive.

Ordered that the sentences are 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 her excessive sentence claims. However, the sentences imposed were not excessive (see People v Suitte, 90 AD2d 80 [1982]). Eng, P.J., Skelos, Leventhal and Sgroi, JJ., concur.