Opinion
04-01-2015
The PEOPLE, etc., respondent, v. Salvador HERNANDEZ, appellant.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Robert Ho on the memorandum), for respondent.
Opinion Appeal by the defendant from a sentence of the Supreme Court, Kings County (Gubbay, J.), imposed July 24, 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 N.Y.3d 257, 265, 938 N.Y.S.2d 254, 961 N.E.2d 645 ; People v. Lopez, 6 N.Y.3d 248, 256–257, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Guarchaj, 122 A.D.3d 878, 879, 996 N.Y.S.2d 372 ; People v. Brown, 122 A.D.3d 133, 138, 992 N.Y.S.2d 297 ), 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, LEVENTHAL, HINDS–RADIX and LaSALLE, JJ., concur.