Opinion
10-04-2017
The PEOPLE, etc., respondent, v. Colin BAKER, appellant.
Paul Skip Laisure, New York, NY (Kendra L. Hutchinson of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel; Daniel Morales on the memorandum), for respondent.
Paul Skip Laisure, New York, NY (Kendra L. Hutchinson of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove and Thomas M. Ross of counsel; Daniel Morales on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Harrington, J.), imposed May 14, 2015, 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. Lopez, 6 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Ayala, 112 A.D.3d 646, 975 N.Y.S.2d 889 ), 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, 86, 455 N.Y.S.2d 675 ).
ENG, P.J., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur.