People v Quizhpe, 2017 NY Slip Op 05853 [152 AD3d 799]

July 26, 2017

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

Fredy Quizhpe, Appellant.

Kenyon C. Trachte, Newburgh, NY, for appellant, and appellant pro se.

David M. Hoovler, District Attorney, Goshen, NY (Robert H. Middlemiss of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 19, 2015, convicting him of manslaughter in the first degree and aggravated vehicular assault, upon his plea of guilty, and imposing sentence.

Ordered that the judgment is affirmed.

As the People correctly concede, the defendant’s purported waiver of his right to appeal was invalid and, thus, does not preclude review of his excessive sentence claim ( see People v Devaney , 146 AD3d 803 [2017]). However, the sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]).

The contentions raised in the defendant’s pro se supplemental brief are without merit. Balkin, J.P., Sgroi, Cohen and Duffy, JJ., concur..