People v Ricciardi, 2020 NY Slip Op 04870 [186 AD3d 1264]

September 2, 2020

Appellate Division, Second Department

[*1]

The People of the State of New York, Respondent,

v

John Ricciardi, Appellant.

Paul Skip Laisure, New York, NY (Alice R.B. Cullina of counsel), for appellant.

Michael E. McMahon, District Attorney, Staten Island, NY (Morrie I. Kleinbart of counsel), for respondent.

Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Stephen J. Rooney, J.), imposed November 2, 2018, upon his plea of guilty, on the ground that the sentence was excessive.

Ordered that the sentence is affirmed.

Contrary to the People’s contention, the defendant was not required to preserve for appellate review his challenge to the validity of the waiver of the right to appeal ( see People v Ramos , 135 AD3d 1234 , 1235 [2016]; People v McGrew , 118 AD3d 1490 , 1490 [2014]; People v Baliraj , 101 AD3d 1175 , 1176 [2012]; People v Hoover , 37 AD3d 298 , 299-300 [2007]). The People concede that the defendant’s purported waiver of the right to appeal was invalid ( see generally People v White , 182 AD3d 612 [2020]).

The sentence imposed was not excessive ( see People v Suitte , 90 AD2d 80 [1982]). Dillon, J.P., Austin, Roman, Hinds-Radix and Christopher, JJ., concur..