People v Brady-Laffer

People v Brady-Laffer 2013 NY Slip Op 00221 Decided on January 16, 2013 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 January 16, 2013
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
RUTH C. BALKIN
CHERYL E. CHAMBERS
L. PRISCILLA HALL, JJ.
2011-11051
(Ind. No. 1783-11)

[*1]The People of the State of New York, respondent,

v

Melinda Brady-Laffer, appellant.




Michael E. McCarthy, Central Islip, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Marion M.
Tang of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered November 10, 2011, convicting her of robbery in the first degree, upon her plea of guilty, and imposing sentence.

ORDERED that the judgment is affirmed.

As the defendant correctly contends, her waiver of the right to appeal is unenforceable "as there was no promise, plea agreement, reduced charge, or any other bargain or consideration given to the defendant in exchange for [her] plea" (People v Nicelli, 74 AD3d 1235, 1236-1237; see People v Coles, 13 AD3d 665, 666). As the defendant's waiver of her right to appeal is invalid, appellate review of her sentence is not precluded.

Nevertheless, under the circumstances of this case, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
DILLON, J.P., BALKIN, CHAMBERS and HALL, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court