Opinion
2016–04707 Ind. No. 3040/15
12-27-2017
The PEOPLE, etc., respondent, v. DYLAN G. (Anonymous), appellant.
Seymour W. James, Jr., New York, N.Y. (Eve Kessler of counsel), for appellant. Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Masha Simonova on the memorandum), for respondent.
Seymour W. James, Jr., New York, N.Y. (Eve Kessler of counsel), for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Masha Simonova on the memorandum), for respondent.
RANDALL T. ENG, P.J., MARK C. DILLON, ROBERT J. MILLER, SYLVIA O. HINDS–RADIX, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Kings County (Gubbay, 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. Chambers, 142 A.D.3d 672, 36 N.Y.S.3d 824 ) 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., DILLON, MILLER, HINDS–RADIX and IANNACCI, JJ., concur.