Opinion
2015-01-28
The PEOPLE, etc., 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.
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 N.Y.3d 501, 510, 950 N.Y.S.2d 77, 973 N.E.2d 172; People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645; People v. Brown, 122 A.D.3d 133, 137, 141, 992 N.Y.S.2d 297) 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 A.D.2d 80, 455 N.Y.S.2d 675). SKELOS, J.P., SGROI, MALTESE and DUFFY, JJ., concur.