Opinion
2015-12591
05-03-2017
The People of the State of New York, respondent, v. Oscar Vargas, appellant.
Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho and Ruby D. Andrade on the memorandum), for respondent.
MARK C. DILLON SANDRA L. SGROI JOSEPH J. MALTESE BETSY BARROS, JJ. (Ind. No. 4045/15)
Lynn W. L. Fahey, New York, NY (David P. Greenberg of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Diane R. Eisner of counsel; Robert Ho and Ruby D. Andrade on the memorandum), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Murphy, J.), imposed November 30, 2015, upon his plea of guilty, on the ground that the sentence is excessive.
ORDERED that the sentence is affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v Bradshaw, 18 NY3d 257, 265; People v Lopez, 6 NY3d 248, 256-257; People v Pacheco, 138 AD3d 1035) and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., DILLON, SGROI, MALTESE and BARROS, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court