Opinion
11-22-2017
The PEOPLE, etc., respondent, v. Esmerilda MORALES, appellant.
Paul Skip Laisure, New York, NY, for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kristen A. Carroll of counsel), for respondent.
Paul Skip Laisure, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Solomon Neubort, and Kristen A. Carroll of counsel), for respondent.
Appeal by the defendant, as limited by her motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed July 30, 2015, upon her plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.The defendant's purported waiver of her 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, 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 ) and, thus, does not preclude review of her excessive sentence claim. However, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., HALL, AUSTIN, DUFFY and CONNOLLY, JJ., concur.