Opinion
04-12-2017
The PEOPLE, etc., respondent, v. Deshawn JAMES, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Roger T. Yu of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Roger T. Yu of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered June 30, 2015, convicting him of robbery in the first degree and robbery in the third degree, upon his plea of guilty, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 267, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 145, 992 N.Y.S.2d 297 ). However, contrary to his contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contention is without merit.
RIVERA, J.P., BALKIN, CHAMBERS and COHEN, JJ., concur.