Opinion
2012-06384
06-17-2015
The PEOPLE, etc., respondent, v. Gerson SERRANO, appellant.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jennifer Hagan of counsel; John M. Harras on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Ellen Fried of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jennifer Hagan of counsel; John M. Harras on the memorandum), for respondent.
Opinion
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Koenderman, J.), imposed March 5, 2012, upon his plea of guilty, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ). Although the defendant has served the sentence imposed, in light of the collateral immigration consequences to him, the question of whether the defendant's sentence was excessive is not academic (see People v. Cardenas, 123 A.D.3d 940, 999 N.Y.S.2d 146 ). However, considering all of the relevant circumstances of this matter, including the collateral immigration consequences to the defendant (see People v. Weston, 98 A.D.3d 1066, 950 N.Y.S.2d 599 ; People v. Bakare, 280 A.D.2d 679, 721 N.Y.S.2d 242 ; People v. Cuaran, 261 A.D.2d 169, 689 N.Y.S.2d 392 ), 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.