Opinion
01-11-2017
The PEOPLE, etc., 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.
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.
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 N.Y.3d 248, 256, 811 N.Y.S.2d 623, 844 N.E.2d 1145 ; People v. Brown, 122 A.D.3d 133, 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., HALL, LaSALLE, CONNOLLY and BRATHWAITE NELSON, JJ., concur.