Opinion
04-22-2015
The PEOPLE, etc., respondent, v. Jorge CARABALLO, appellant.
Lynn W.L. Fahey, New York, N.Y. (Barry Stending of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Daniel Bresnahan of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Barry Stending of counsel), for appellant.Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Daniel Bresnahan of counsel; Lorrie A. Zinno on the memorandum), for respondent.
Opinion Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Holder, J.), imposed May 30, 2013, upon his plea of guilty, 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. 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 his excessive sentence claim. However, contrary to the defendant's contention, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., DILLON, LEVENTHAL, COHEN and MALTESE, JJ., concur.