Opinion
2016–03472 Ind. No. 6644/15
12-27-2017
The PEOPLE, etc., respondent, v. Lanod DRAIN, appellant.
Paul Skip Laisure, New York, N.Y. (Anna Kou 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.
Paul Skip Laisure, New York, N.Y. (Anna Kou 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., CHERYL E. CHAMBERS, SANDRA L. SGROI, JOSEPH J. MALTESE, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (D'Emic, J.), imposed March 16, 2016, 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. Brown, 122 A.D.3d 133, 992 N.Y.S.2d 297, People v. Sanders, 25 N.Y.3d 337, 12 N.Y.S.3d 593, 34 N.E.3d 344 ) 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., CHAMBERS, SGROI, MALTESE and CONNOLLY, JJ., concur.