Opinion
2014-07-2
The PEOPLE, etc., respondent, v. Cesar AVENDANO, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel; Diego O. Barros on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Anne Grady of counsel; Diego O. Barros on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rienzi, J.), imposed February 19, 2013, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's purported 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;People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145) and, thus, does not preclude review of his 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., SKELOS, LEVENTHAL, ROMAN and DUFFY, JJ., concur.