Opinion
2012-09728
01-11-2017
The People of the State of New York, respondent, v. Gerard C. Maley, appellant.
Seymour W. James, Jr., New York, NY (Adrienne Gantt of counsel; Chloe Bootstaylor on the memorandum), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel), for respondent.
L. PRISCILLA HALL HECTOR D. LASALLE FRANCESCA E. CONNOLLY VALERIE BRATHWAITE NELSON, JJ. (Ind. No. 2359/12)
Seymour W. James, Jr., New York, NY (Adrienne Gantt of counsel; Chloe Bootstaylor on the memorandum), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Christopher Blira-Koessler of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Queens County (Melendez, J.), imposed October 9, 2012, 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 Lopez, 6 NY3d 248, 256; People v Brown, 122 AD3d 133), and, thus, does not preclude review of his excessive sentence claim. However, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).
ENG, P.J., HALL, LASALLE, CONNOLLY and BRATHWAITE NELSON, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court