Opinion
2016–02047 Ind. No. 501/14
04-25-2018
The PEOPLE, etc., respondent, v. William L. JOHNSON, appellant.
Paul Skip Laisure, New York, NY, for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Max Lubin on the memorandum), for respondent.
Paul Skip Laisure, New York, NY, for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Anastasia Spanakos of counsel; Max Lubin on the memorandum), for respondent.
ALAN D. SCHEINKMAN, P.J., REINALDO E. RIVERA, LEONARD B. AUSTIN, JEFFREY A. COHEN, BETSY BARROS, JJ.
DECISION & ORDERAppeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Deborah Stevens Modica, J.), imposed March 24, 2015, upon his plea of guilty, 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. 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 ).
SCHEINKMAN, P.J., RIVERA, AUSTIN, COHEN and BARROS, JJ., concur.