Opinion
2013-11057
07-27-2016
The People of the State of New York, respondent, v. Bienvenido Custodio, appellant.
Lynn W. L. Fahey, New York, NY (Mark W. Vorkink of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Meredith D'Angelo of counsel), for respondent.
JOHN M. LEVENTHAL JEFFREY A. COHEN HECTOR D. LASALLE BETSY BARROS, JJ. (Ind. No. 3211/12)
Lynn W. L. Fahey, New York, NY (Mark W. Vorkink of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Meredith D'Angelo of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant from a sentence of the Supreme Court, Queens County (Kron, J.), imposed November 13, 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 NY3d 257, 265; People v DeSimone, 80 NY2d 273, 283; People v Sulsona, 134 AD3d 861, 861) 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., LEVENTHAL, COHEN, LASALLE and BARROS, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court