Opinion
2014-10-1
The PEOPLE, etc., respondent, v. Harry ASCENCIO, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Robert Ho on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Robert Ho on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Carroll, J.), imposed October 25, 2012, as amended November13, 2012, on the ground that the sentence was excessive.
ORDERED that the sentence, as amended, is affirmed.
The defendant's purported waiver of his right to appeal was invalid ( see People v. Lopez, 6 N.Y.3d 248, 257, 811 N.Y.S.2d 623, 844 N.E.2d 1145; People v. DeSimone, 80 N.Y.2d 273, 283, 590 N.Y.S.2d 46, 604 N.E.2d 108; People v. Jackson, 114 A.D.3d 807, 808, 979 N.Y.S.2d 704; People v. Foster, 87 A.D.3d 299, 303, 927 N.Y.S.2d 92), 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 A.D.2d 80, 455 N.Y.S.2d 675). ENG, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.