People v. Pena-Gonzalez

People v Pena-Gonzalez (2018 NY Slip Op 01336) People v Pena-Gonzalez 2018 NY Slip Op 01336 Decided on February 28, 2018 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on February 28, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department RUTH C. BALKIN, J.P. CHERYL E. CHAMBERS SHERI S. ROMAN JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ. 2016-11755 (Ind. No. 16-00243) [*1]The People of the State of New York, respondent, v Agustin Pena-Gonzalez, appellant. Philip H. Schnabel, Chester, NY, for appellant. David M. Hoovler, District Attorney, Middletown, NY (Elizabeth L. Schulz of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the County Court, Orange County (Nicholas De Rosa, J.), rendered October 7, 2016, convicting him of rape in the second degree, upon his plea of guilty, and imposing sentence. ORDERED that the judgment is affirmed. The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 267; People v Johnson, 135 AD3d 960; People v Guarchaj, 122 AD3d 878, 879; People v Pelaez, 100 AD3d 803), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). BALKIN, J.P., CHAMBERS, ROMAN, MALTESE and CONNOLLY, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court