Opinion
2016–05617 Ind. No. 799/15
02-07-2018
The PEOPLE, etc., respondent, v. Elden GRENARDO, appellant.
Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Ross of counsel; Ruby D. Andrade on the memorandum), for respondent.
Paul Skip Laisure, New York, N.Y. (Sean H. Murray of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Thomas Ross of counsel; Ruby D. Andrade on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, L. PRISCILLA HALL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Cassandra Mullen, J.), imposed April 26, 2016, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of the right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Johnson, 135 A.D.3d 960, 23 N.Y.S.3d 577 ) and, thus, does not preclude review of his excessive sentence claim. However, contrary to the defendant's contention, the period of postrelease supervision imposed as part of the sentence was not excessive (see People v. Jordan, 153 A.D.3d 1433, 60 N.Y.S.3d 691 ; People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., BALKIN, HALL, DUFFY and BRATHWAITE NELSON, JJ., concur.