People v Tolar

People v Tolar 2014 NY Slip Op 02808 Decided on April 23, 2014 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 April 23, 2014
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
MARK C. DILLON
JEFFREY A. COHEN
SYLVIA O. HINDS-RADIX, JJ.
2012-07847
(Ind. No. 939-11)

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


DECISION & ORDER

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 NY3d 248, 256; People v Crawford, 110 AD3d 916, lv denied 22 NY3d 1040; People v Keiser, 100 AD3d 927). Thus, review of his excessive sentence claim is not precluded. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., DILLON, COHEN and HINDS-RADIX, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court