Opinion
03-15-2017
The PEOPLE, etc., respondent, v. Martin F. GARCIA, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel; Marina Kosmetatos on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Christopher Blira–Koessler of counsel; Marina Kosmetatos on the memorandum), for respondent.
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Chin–Brandt, J.), imposed November 9, 2011, on the ground that the sentence was excessive.
ORDERED that the sentence is affirmed.
The defendant's 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. Rennick, 123 A.D.3d 1146, 997 N.Y.S.2d 637 ; People v. Reyes, 121 A.D.3d 820, 993 N.Y.S.2d 379 ; People v. Coleman, 116 A.D.3d 708, 982 N.Y.S.2d 784 ) 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., HALL, COHEN, LaSALLE and CONNOLLY, JJ., concur.