Opinion
2016–04071 2016–04072 Ind. Nos. 7293/15 8737/15
12-27-2017
The PEOPLE, etc., respondent, v. Wilfredo DEJESUS, appellant.
Seymour W. James, Jr., New York, N.Y. (Katheryne M. Martone of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Katheryne M. Martone of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Amy Appelbaum of counsel; Robert Ho on the memorandum), for respondent.
RANDALL T. ENG, P.J., RUTH C. BALKIN, L. PRISCILLA HALL, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDERAppeals by the defendant, as limited by his motion, from two sentences of the Supreme Court, Kings County (Mullen, J.), both imposed March 23, 2016, upon his pleas of guilty, on the ground that the sentences were excessive.ORDERED that the sentences are affirmed.
The defendant's purported waiver of his right to appeal was invalid (see People v. Bradshaw, 18 N.Y.3d 257, 264, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Little, 127 A.D.3d 1235, 1235–1236, 5 N.Y.S.3d 896 ; People v. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297 ) and, thus, does not preclude review of his excessive sentence claims. However, the sentences imposed were not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
ENG, P.J., BALKIN, HALL, DUFFY and BRATHWAITE NELSON, JJ., concur.