Opinion
2014-04-23
The PEOPLE, etc., respondent, v. Steven TOLAR, appellant.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Robert C. Mitchell, Riverhead, N.Y. (Alfred J. Cicale of counsel), for appellant. Thomas J. Spota, District Attorney, Riverhead, N.Y. (Edward A. Bannan of counsel), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the County Court, Suffolk County (Toomey, J.), imposed May 23, 2012, upon his plea of guilty, on the ground that the sentence is excessive.
ORDERED that the sentence is affirmed.
Contrary to the People's contention, the defendant did not validly waive his right to appeal ( see People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145;People v. Crawford, 110 A.D.3d 916, 977 N.Y.S.2d 37,lv. denied22 N.Y.3d 1040, 981 N.Y.S.2d 373, 4 N.E.3d 385;People v. Keiser, 100 A.D.3d 927, 954 N.Y.S.2d 184). Thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675). ENG, P.J., DILLON, COHEN and HINDS–RADIX, JJ., concur.