Opinion
2015-10628
09-20-2017
The People of the State of New York, respondent, v. Jesus Marrero, appellant.
Lynn W. L. Fahey, New York, NY (William Kastin of counsel), for appellant. Michael E. McMahon, District Attorney, Staten Island, NY (Anne Grady of counsel), for respondent.
L. PRISCILLA HALL SANDRA L. SGROI JOSEPH J. MALTESE FRANCESCA E. CONNOLLY, JJ. (Ind. No. 226/13)
Lynn W. L. Fahey, New York, NY (William Kastin of counsel), for appellant.
Michael E. McMahon, District Attorney, Staten Island, NY (Anne Grady of counsel), for respondent.
DECISION & ORDER
Appeal by the defendant, as limited by his motion, from a sentence of the Supreme Court, Richmond County (Rooney, J.), imposed October 15, 2014, 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, SGROI, MALTESE and CONNOLLY, JJ., concur. ENTER:
Aprilanne Agostino
Clerk of the Court