People v. Solizgalvez

People v Solizgalvez (2018 NY Slip Op 01622) People v Solizgalvez 2018 NY Slip Op 01622 Decided on March 14, 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 March 14, 2018 SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Second Judicial Department REINALDO E. RIVERA, J.P. CHERYL E. CHAMBERS SHERI S. ROMAN ANGELA G. IANNACCI, JJ. 2016-11224 (Ind. No. 2323/15) [*1]The People of the State of New York, respondent, v Orlen Solizgalvez, appellant. Laurette D. Mulry, Riverhead, NY (Alfred J. Cicale of counsel), for appellant. Timothy Sini, District Attorney, Riverhead, NY (Edward A. Bannan of counsel), for respondent. DECISION & ORDER Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (John B. Collins, J.), rendered September 8, 2016, convicting him of murder 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 Little, 127 AD3d 1235, 1235-1236; People v Brown, 122 AD3d 133, 141) 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). RIVERA, J.P., CHAMBERS, ROMAN and IANNACCI, JJ., concur. ENTER: Aprilanne Agostino Clerk of the Court